appellant
company, they were neither 'public authorities' nor their action involved
public law element, for which remedy of Writ of Mandamus was available ... between public law and
private law remedies. According to Halsbury's Laws of England 3rd ed.
Vol. 30, page-682, "a public authority
connection
with the public duty imposed on such body, the public
law remedy can be enforced. The duty cast on the
public body ... only a private
law remedy no writ petition would lie. In the present
cases, there is no question of public law element
involved inasmuch
public law as otherwise every contract to which State. Corporation or any authority is a party, would automatically involve a public law element ... public law character attached to it. Therein the Court had further expressed the difficulty involved in demarcating the public law domain and private law field
shown to owe that duty or obligation to the public
involving the public law element. Similarly, for ascertaining the
discharge of public function, it must ... private body performing a public function is maintainable,
provided the action of such private body has some public law element
involved. In other words, only
consequence therefrom would affect the public at large or even
a sizeable section of the public. A public law element is generally
understood to mean ... public authority or the person acting in public
interest or any act that gives rise to public element, should be guided
by public interest
connection with the
public duty imposed on such body, the public
law remedy can be enforced. The duty cast on
the public body ... only a private law
remedy no writ petition would lie. In the present
cases, there is no question of public law
element involved inasmuch
petitions, contain
ingredients of, and involve element, of public law and therefore
public law remedy is available to them.
10.4
In the facts ... capable of being
categorised as disputes in realm of public law or involving public
law element.
10.10
This aspect can be considered from another perspective
respondents can be shown to
discharge a public duty with an attending public law element
or that there is a pervasive State control in their ... connection with the public duty imposed
on such body, the public law remedy can be enforced. The duty cast
on the public body
engaged in public
duties and functions. The public duty may be statutory or otherwise, but it
must involve a public law element and be owed ... person or body discharging public duties must be
shown to owe an obligation to the public involving a public law
element. The Supreme Court considered
considered the distinction between the discharge of
public duty and the involvement of public law elements which has been
succinctly laid down in the above ... private law."
30. Thus, even if the body discharges a public function in a
wider sense, there is no public law element involved
