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2025 DAILYLAW 162230 (ALL)

BHOLA SINGH v. UNION OF INDIA THRU. SECY. DEPTT. HIGHER EDUCATION, MINISTRY OF EDUCATION, NEW DELHI AND 3 OTHERS

WRIC/8727/2025 · 2025-09-08

Brij Raj Singh, Sangeeta Chandra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8727 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Ms. Pushpila Bisht, learned counsel appearing on behalf of respondent nos.2 and 4: Kendriya Vidyalaya Sangathan and the Principal of PM Shri Kendriya Vidyalaya, situated at Dahi Chauki, Unnao. 2. This petition has been filed by the petitioner with the following main prayers:- "(i) Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 16/08/2025 passed by opposite party No.4 whereby he has directed/ordered the petitioner to shut down the canteen permanently which was operational at School PM Shri Kendriya Vidyalaya, Unnao, in arbitrary and illegal manner and against the provisions prescribed under law which is contained as Annexure No.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of MANDAMUS directing the opposite party no.4 to not make any unnecessary commotion in the daily operation of the school canteen at School PM Shri Kendriya Vidyalaya, Unnao." 3. It is the case of the petitioner that respondent no.4 had advertised for allotment of School Canteen for the years 2024-26. The petitioner participated in the same and was allotted School Canteen after approval from Versus Counsel for Petitioner(s) : Dinesh Kumar, Gulam Mustafa Counsel for Respondent(s) : A.S.G.I., C.S.C., Pushpila Bisht Bhola Singh .....Petitioner(s) Union Of India Thru. Secy. Deptt. Higher Education, Ministry Of Education, New Delhi And 3 Others .....Respondent(s) the competent authority on 11.9.2024 and an agreement was signed between the petitioner and the authorities for a duration of two years w.e.f. 11.9.2024 upto 10.9.2026. The petitioner completed all formalities and started running the Canteen. On 15.8.2025, the petitioner supplied tea and snacks (pakori) to all teachers/employees on the oral direction of respondent no.4 and no complaint was made by anyone regarding tea and snacks. However, respondent no.4, out of malice, has levelled allegations against the petitioner that one dead roasted cockroach was found in a plate which was served to one teacher, and directed the petitioner to shut-down the School Canteen immediately. When the petitioner opened his Canteen on 16.8.2025, the respondent no.4 along with other employees of the School came and saw the Canteen as operational, therefore, he got annoyed, misbehaved and shut- down the School Canteen with the help of the employees forcefully and evicted the petitioner from the school premises. 4. It has been submitted by learned counsel for the petitioner that the order dated 16.8.2025 is illegal and against the contract signed between the parties. It violates the terms and conditions of the agreement which is active till 10.9.2026. 5. Since the petitioner prays that the terms and conditions of the agreement as signed between the parties has not been complied with, he may file a suit for specific performance of the contract. 6. The writ petition stands dismissed. September 8, 2025 Sachin WRIC No. 8727 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench