Learned counsel for the revisionist contends that the distinction between the sovereign function of the passport officer and the ministerial act after the issuance ... sovereign power has largely disappeared. In Chief Conservator of Forests (supra), the Hon'ble Supreme Court declined to extend the concept of sovereign functions
above functions are governed by statutes and are statutory/administrative functions. Thus, the failures/omissions in the performance of these functions is amenable to judicial ... sovereign function but is an administrative function. Since this is not a judicial function, it does not partake the character of a 'sovereign function
their administrative functions which they were required to perform for a
prescribed fee. This function, therefore,
cannot be called a sovereign function.
This view ... sovereign function but
is an administrative function. It was
also held that since this is not a judicial function, it does not partake the
character
land to the
various agriculturalists in the State was a benevolent sovereign function of
the State without there being any element of earning profit ... water for irrigation purposes in the State of Maharasthra is a
Sovereign Function of the State of beneficial nature having no commercial
element attached
Assistant Regional Transport Officer being a functionary of Government was performing sovereign functions and cannot be termed as 'Service Provider'.
(8) We have ... that the office of the Assistant Regional Transport Officer was performing sovereign functions. It is also submitted that the Office of the Assistant Regional Transport
submitted that the Passport Officer, while issuing the passport, was exercising
sovereign function. In our view, this
contention is totally baseless. There is
no question ... exercising sovereign function.
He was discharging a statutory duty.
He further submitted that the officer was discharging his
duties without recovering any fee and, therefore
cases it is apparent that if the
statutory authority is discharging sovereign function as stated in the S.P.Goels
case then the concerned officer ... that context the Court held
that it was a statutory/sovereign
function under the Act.
Secondly, even S.P.Goels case, it has been made
then the complaint was not maintainable. Postal Service was a sovereign function and it cannot be equated with common carrier. On merits, it was admitted
State in tort, observed that the old distinction between sovereign and non-sovereign functions should no longer be invoked to determine liability of the State
roads and
associated public transport infrastructure could not be considered a
sovereign function of the State in the same category as maintenance
