PRAYAG VYAPAR MANDAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Main point that calls for consideration in this petition is whether this petition brought under Art. 226 of the Constitution deserves to be entertained as public interest litigation.

(2.) Swaroop Rani Nehru Hospital (hereinafter referred as the hospital) is affiliated to Moti Lal Nehru Medical College, Allahabad (hereinafter referred as the medical college). A lease document (Annexure 4) was executed on 13-2-1996 by the Principal of the medical College, respondent No. 4, on behalf of the Government of U.P. in favour of Rajendra Pratap Singh, respondent No. 7, in respect of a piece of land to establish a medical store inside the campus of the hospital on the terms and conditions specified therein. The petitioners have challenged this lease deed. They have pleaded in para 32 of the petition that the lease was granted under a letter of Director of Medical Education and Training dated 3-11-1995 for allowing the opening of a medical store in the hospital campus. One of the reliefs claimed in the petition is a writ of mandamus commanding the respondents to produce letter No. M.E./Medical Store/95/57 dated 3-11-1995 issued by the Director General, Medical Education and Training, U.P. Lucknow and also for quashing the same. The other relief claimed is a writ in the nature of certiorari to quash the lease deed dated 13-2-1996 (Annexure 4). The petitioners have also claimed a writ of mandamus commanding the respondents, particularly respondent No. 7, to remove the disputed structure raised/erected/fixed inside the campus of the hospital on the basis of the lease deed dated 13-2-1996.

(3.) We have heard Sri A. K. Yog, Advocate, on behalf of the petitioners, Sri L. P. Nathani, Senior Advocate, on behalf of respondent No. 7 and Sri A.N. Sinha, Advocate, on behalf of respondent No. 4.