authority or a person discharging public duty or public function, it would be maintainable if an element of public law is involved. A writ petition ... private law."
30. Thus, even if the body discharges a public function in a wider sense, there is no public law element involved
imparting public duty, the act complained of must have direct nexus with the discharge of public duly. It is undisputedly a public law action which ... private law."
30. Thus, even if the body discharges a public function in a wider sense, there is no public law element involved
invoking its extraordinary
jurisdiction.
70.9. The distinction between public law and
private law element in the contract with the
State is getting blurred. However ... public law and private law rights
and remedies would depend on the factual
matrix of each case and the distinction
between the public law remedies
writ petition under Article 226 , being a public law remedy, a
"public law element" should be present on facts before Article ... public law and
private law rights and remedies would depend on the
factual matrix of each case and the distinction between the
public law remedies
Kinsfolk Infra Engineering vs State Of Gujarat on 1 December, 2021
Author: J.B.Pardiwala
invoking its extraordinary
jurisdiction.
70.9. The distinction between public law and
private law element in the contract with the
State is getting blurred. However ... public law and private law rights
and remedies would depend on the factual
matrix of each case and the distinction
between the public law remedies
petition holding that it cannot be said that
there is no public law element in the case
and question involved entails compliance/non-
compliance ... that writ petition was
maintainable as both the circulars contained
a public law element as it relates to
compliance/non compliance by respondent bank
benefit for the public or a section of the
public and is accepted by the public or that
section of the public as having authority ... contract and cancellation thereof, in the
instant case, certainly has public function/public law element in
it.
42. In view of foregoing analysis
public law and private law
rights and remedies would depend on the factual matrix of each case
and the distinction between the public law remedies ... before law or equal protection of law. If
it is found from the nature of the activity that there involves public law
element, the matter
fundamental rights is a matter which
contains a "public law element", as opposed to a case
which is concerned only with breach ... present case is, therefore, a case which
involves a "public law element" in that the petitioner
(Respondent No. 1 before us) who knocked
