- (1.) HEARD Sri Anjani Kumar Misra, learned Counsel for the peti­tioners and Sri Rajeev Dwivedi learned Counsel for contesting respondent No. 7.
(2.) NINE petitioners have jointly filed this writ petition challenging the order dated 17th August, 2007 (Annexure 1 to the writ petition), whereby the Ordnance Factory Board, Kolkata (hereinafter referred to as the 'OFB') has rejected the request of respondent No. 7 to grant lease of the premises whereat Secondary School is being run by respondent No. 7. The petitioners have sought the follow­ing reliefs : "(i) Issue writ of certiorari or writ, order or direction in the nature of certiorari to quash the order dated 17.8.2007 passed by opp. Party No. 2 as contained in Annexure 1 to the writ petition. (ii) Issue writ of mandamus or writ, order or direction in the nature of mandamus commanding to opposite parties No. 1 to 6 not to create any hindrance in the functioning of the school from the disputed premises situ­ated at Larmour Bagh, Cantonment, Kanpur." Relief No. (ii) clearly shows that the petitioners seek writ of mandamus authorising respondent No. 7 to continue to occupy the present premises, i.e., Larmour Bagh, Cantonment, Kanpur whereat presently the school of respondent No. 7 is running, even beyond 31st March, 2008.
(3.) IN order to appreciate the controversy, it would be appropriate to have bird eye view of the facts giving rise to the present writ petition. Respondent No. 7, namely, Ayudh Upskar Nirmani Kalyan Samiti, Kanpur, U.P. is society regis­tered under Societies Registration Act, 1860 and it is said to have been estab­lished by the officers and employees of Ordnance Equipment Factory, Kanpur (hereinafter referred to as OEF"). It has established Secondary School recognised by Central Board of Secondary Education (hereinafter referred to as "CBSE") running from Class I to XII and it is said that there are about 1000 students in the said institution. At the premises of Larmour Bagh earlier there was Kendriya Vidyalaya which was being run but was shifted to another place sometime in the year 2000 whereupon it handed over the said premises to respondent No. 7 for running the Secondary School in the said building and premises. Respondent No. 7 requested the OF B to grant lease and while correspondence was going on, the school continued to run in the said premises. The OFB, however, vide its order dated 4.4.2005 communicated its decision that no school would run in the premises of OEF, Kanpur and directed respondent No. 7 to close down the said institution at the said premises after academic session 2005-2006. It also re­quired respondent No. 7 not to admit any further student(s) in Classes IX and XI in the academic year 2005-2006 so that the students may not suffer any inconve­nience for Board Examinations when the School was to discontinue after aca­demic session 2005-2006. Respondent No. 7 challenged the said order in writ petition No. 39846 of 2005 which was disposed of by this Court vide judgment dated 17th May, 2005 directing OFB to take final decision with respect to the request of respondent No. 7 for grant of lease for the purpose of running the aforesaid school. The OFB thereafter passed order on 21st June, 2005 rejecting the said request and directing respondent No. 7 to comply with its order dated 4.4.2005. Aggrieved, respondent No. 7 again filed writ petition No. 47566 of 2005 which was dismissed by this Court vide judgment dated 26th July, 2005. Respon­dent No. 7 preferred appeal before the Apex Court, i.e., Special Leave Petition (Civil) No. 23892 of 2005 which was decided vide judgment dated 14.11.2006 and the Hon'ble Apex Court considering the fact that the students studying in Classes IX and XI presently may face some inconvenience and, therefore, in their interest to complete their education, the institution may be allowed to occupy the pre­mises in question till 31st March, 2008, permitted respondent No. 7 to occupy the premises till 31st March, 2008 subject to filing an undertaking before the Apex Court that it shall vacate the premises latest by 31st March, 2008 and shall also pay all the dues to the respondents for occupation of the premises. Operative portion of the order of the Hon'ble Apex Court is as under: "Let an undertaking be filed by the appellant to vacate the premises latest by 31.3.2008 with the further undertaking to pay the amounts to be charged by the respondents for occupation of the premises. On such undertaking being filed, appellant shall be permitted to occupy the premises till 31.3.2008. The appeal is accordingly disposed of. However, disposal of the present appeal shall not stand on the way of the appellant moving the authorities for grant of lease of the premises in question. If such request is made the same shall be considered in its own perspective about which we express no opin­ion. There will be no order as to costs." ;