Kamla Devi v. the State of Hp and Others
Case brief
What is this about?
Kamla Devi v. State of Himachal Pradesh and others, CWP No.5289 of 2025 (HP HC Shimla, decided 02.07.2025, Ajay Mohan Goel, J.). Writ petition over alleged non-transparent allotment of shops by respondent No.4 held not maintainable: respondent No.4 is a mere Society under the Societies Registration Act, 2006 with no traits of a State or other authority under Article 12 of the Constitution, hence not amenable to writ jurisdiction. Petition disposed of without adjudication on merit; Society left free to sympathetically consider petitioner's representation re 25 years' sale of Pooja Samagri at Maa Sheetala Mata Mandir, Sundernagar; pending miscellaneous applications disposed. Keywords: Article 12; writ maintainability; Society; Societies Registration Act 2006; shop allotment; Sundernagar.
What did the court decide?
Respondent No.4 is just a Society registered under the Societies Registration Act, 2006 and has no traits of either a State or other Authority; the Court therefore concurred with the submissions of learned counsel for respondent No.4 and upheld the preliminary objection that the writ petition is not maintainable / not amenable to writ jurisdiction against respondent No.4.