Public utility services cannot be denied without adherence to natural justice and definitive findings of criminal activity; presumptive actions by authorities against an entity must be substantiated by conclusive evidence.

ORDER :

(S. SUNIL DUTT YADAV, J.)

1. The petitioner in W.P.No.30600/2024 has sought for the following reliefs :

"a. Issue a Writ of Certiorari or any other appropriate writ or order or direction under Article 226 of the Constitution of India quashing the communication dated 29.01.2024 bearing No.BGR/BD/NAF/VIHAAN/23-24 issued by the Respondent No.3 directing the putting on hold the renewal of Speed Post Agreement, enclosed as Annexure - M; and

b. Issue a Writ of Certiorari or any other appropriate writ or order or direction under Article 226 of the Constitution of India quashing the communication dated 07/02/2024 bearing No. BGR/BD/NAF/VIHAAN/23-24 issued by the Respondent No. 3 directing the putting on hold the renewal of Speed Post Agreement and the availing of services by the Petitioner Company and enclosed as Annexure P; and

c. Issue a Writ of Certiorari or any other appropriate writ or order or direction under Article 226 of the Constitution of India quashing the communication bearing No. BD/ADV/BGE/163/VIHAAN DIRECT DLGS DATED AT BENGALURU 560 025 dated 13/02/2024 issued by the Respondent No. 2 directing that the booking of parcels by the Petitioner may be put on hold, enclosed as Annexure Q; and

d. Issue a suitable Writ under Article 226 of the Constitution of India declaring that the impugned executive actions issued by the Respondent Nos. 2 and 3 are in contrary to law; and

e. And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity including the costs of this petition."

2. W.P.No.7603.2024 is filed seeking for the following relief :

"a. Issue a Writ of mandamus or any other appropriate writ or order or direction under Article 226 of the Constitution of India to the Respondent No.2 to resume all the services of the Petitioner in accordance with law in Annexure K dated 24.12.2023 in accordance with law; and

b. Issue suitable Writ under Article 226 of the Constitution of India declaring that the action of the Respondent No. 2 in denying the services to the business of the Petitioner w.e.f.16.02.2024 as contrary to law in Annexure K; and

c. And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity including the costs of this petition.

INTERIM PRAYER

a. Issue a Writ of Mandamus or any other writ, order or direction under Article 226 of the Constitution of India calling for the records of the Respondent No.2 vide which the decision to halt the services to the Petitioner w.e.f.16.02.2024 was taken;

b. Direct the Respondent No.2 to resume all the services that were stopped w.e.f.16.02.2024 to the Petitioner until disposal of this petition;

c. Grant such other reliefs as this Hon'ble Court may think fit including the cost of this writ petition."

3. The reference to the annexures is made in W.P.No.30600/2024. In effect the petitioner has called in question validity of Annexure-M whereby the renewal of the Agreement has been put on hold in light of certain communication by the Registrar of the Company as regards criminal cases stated to have been filed by the Company in different courts and being investigated.

4. The petitioner has also challenged Annexure-P whereby the Assistant Director, Department of Posts has reiterated the contents of Annexure-M in effect.

5. Petitioner has also challenged Annexure-Q which is a communication of the Senior Superintendent of Post Office on similar grounds as made out in the contention of Annexures - M and P.

6. It is submitted that on behalf o