9. In my view it would not be proper to lose sight of the main grievance in the Petition. It is that the principles of natural justice have deliberately been ignored; that no Show Cause notice was issued to the Petitioner and he was not granted an opportunity of remonstrating against the intended decision of terminating his Dealership. The Petitioner does not claim damages or an adjudication of the contractual disputes between the parties. In my view that is the distinguishing feature between the facts of the present case and the observations of the Supreme Court in Amritsar Gas Service where the Court had before it proceedings initiated through a suit and an Award passed thereafter. Writ law has progressed to the extent of bringing even ordinary citizens within its sweep. An erudite discussion on this significant aspect of law can be found in Ajay Jadeja v. Union of India, 2001 VII AD (Delhi) 869.
In interpreting the notification dated
WP(C) Nos.4148 & 4263/2010 Page 18 of 31
11th April 2005 of the MHA, the Punjab and Haryana High Court relied
upon a judgment of the Delhi High Court in Ajay Jadeja v. Union of
India 95 (2002) DLT 14 where it was observed in para 21 as under:
14. The essence of the pleas of Mr. Mattewal was based on the
definition of education given in a judgment of Delhi High Court in
Ajay Jadeja V. Union of India and others, 95(2002) Delhi Law
Times 14 and relevant paragraph No.21 of the judgment reads as
under:-
41. Ajay Jadeja v. Union of India & Ors. [95 (2002) DLT 14] Delhi High Court
while dealing with a writ petition challenging the banning of some cricketers as
punitive measure by BCCI, referred to the Hon'ble Supreme Court which
observed in 1989: "The word cricket is a synonym for gentlemanliness which
means discipline, fair play, modesty and high standard of morality." In this case
the court has explained several aspects of monopoly and its impact, in para 31.
4. On behalf of petitioner, lengthy arguments were advanced in support of maintainability of the writ petition on the ground that as per settled law, the High Court can issue appropriate writs or directions even against persons or bodies who are not State. For this, reliance was placed upon the two judgments of the Supreme Court noted above as well as upon two judgments of Delhi High Court - Ajay Jadeja Vs. Union of India & Ors., 95 (2002) DLT 14 and Rahul Mehra & Anr. Vs. Union of India & Ors., (2005) 4 Comp LJ 268 (Del).