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1996 Supreme(Cal) 438

S.B.SINHA
P. P. RAJA REDDY – Appellant
Versus
STATE – Respondent


S. B. SINHA, J.


( 1 ) THE petitioner has filed this writ application, inter alia, praying for issuance of a Writ of or in the nature of Mandamus directing the respondents to allow him to carry on his business of tuck shop pursuant to the agreement entered into by and between the petitioner and the respondent No. 2. A copy of the said agreement has been produced before this Court. The petitioner was permitted to run a Tuck Shop on the terms and conditions mentioned therein. In 3 terms of the aforementioned agreement, the price of the articles which are to be sold had been fixed. Clause 13 of the said agreement states that in the matters of dispute the Principal's decision will be final and binding on the contractor. In terms of Clause 3 of the said agreement the petitioner was prohibited from making any permanent structure even at his cost except with the written approval of the Principal. On or about 27-9-1994 a Circular was issued calling upon the members of the staff to give their opinion in writing as to the opening of a Tuck Shop in the school campus. The said circular is contained in annexure 'a' to the writ application and only thereafter upon a resolution having been passed






























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