Supreme Court in case of LUCKNOW DEVELOPMENT AUTHORITY v. M.K.
GUPTHA at paragraph 10 held thus
"an ordinary citizen or a common man is hardly equipped to match the might
of the State or its instrumentalities .... A public functionary if he acts
maliciously or oppressively and the exercise of power results in harassment and
agony then it is not an exercise of power but its abuse. No law provides
protection against it. He who is responsible for it must suffer it. Compensation
or damage as explained earlier may arise even when the officer discharges his
duty honestly and bona fide. But when it arises due to arbitrary or capricious
behaviour then it loses its individual character and assumes social
significance. Harassment of a common man by public authorities is socially
abhorring and legally impermissible..."
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