At the very outset, learned Standing Counsel has raised preliminary objection regarding the maintainability of the writ petition on the ground that present writ petition under Art.226 of the Constitution of India has been preferred mainly against respondent no.4 i.e. General Manager, Renault Showroom, P.S. Sahabad Gauhania, Distt. Varanasi, which is not a 'State' under Art.12 of the Constitution and its actions are also not amenable for judicial review under Art.226 of the Constitution of India and as such the writ petition is liable to be dismissed. In support of his submissions, he has placed reliance on the Full Bench decision of this Court in the case of M.K. Gandhi & Ors. v. Director of Education (Secondary) U.P., Lucknow & Ors. , 2005 (4) ESC 2265; judgment dated 21.5.2019 passed in Writ-C No.17419 of 2019 ( Vipin Pandey v. Shri Ram Transport Finance Company Ltd. & Anr. ) and the judgment of Hon'ble the Apex Court dated 12.1.2022 in Civil Appeal Nos.257-259 of 2022 ( Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir & Ors.) . He further submits that in case the petitioner is aggrieved, he may file civil suit in the matter.
