High CourtsSingle Bench(2020) 02 PAT CK 0368

Sunil Kumar vs General Manager And Ors

Patna High Court · Decided on 27 February 2020

HON’BLE JUDGES
Ashutosh Kumar, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 3137 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 284 words
1.

The petitioner seeks a direction to the respondent/Life Insurance Corporation of India (LIC) to choose/accept the house offered by him to be selected and used as a godown for keeping records. The house was offered by the petitioner on the advertisement issued by the LIC. There were other applicants also with their respective offers.

2.

It appears from the records of the case that the house of private respondent No. 6 has been selected for using the same as godown.

3.

Mr. Manoj Kumar Pandey, learned counsel for the petitioner has submitted that the requirement of selection according to the advertisement was that the house in question must be within 5 kms. of Zero Mile, By-Pass Road and Danapur, but the house offered by private respondent No. 6 does not fall in the aforesaid categories.

4.

This is the reason for the petitioner to approach this Court with a prayer for cancellation of the selection of the house of private respondent No. 6 and instead, selecting the house offered by him to be taken as godown.

5.

This Court wonders whether selection of a godown would come within the purview of the subject matter of trade and commerce. Any income derived from letting out a premises is only a soft-earned income, which does not contribute to trade and commerce. Apart from this case not falling in the concerned roster, no writ would lie for selection of a particular house as a godown by a public sector enterprise. It cannot be said that there is any right of a person to have his house selected for any purpose by a public sector undertaking.

6.

The writ petition is highly misconceived and is, therefore, dismissed.