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2011 Supreme(All) 1628

ASHOK BHUSHAN, RAN VIJAI SINGH
SOCIETY FOR EDUCATION AND WELFARE AWARENESS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Dr. Hari Nath Tripathi for the Petitioner; A.S.G.I., J.N. Maurya, Atul Srivastava, Arjun Pd. Yadav and Arvind Prasad, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Ran Vijai Singh, J.—Through this writ petition the petitioner, who happens to be non-Governmental organization, involved in the distribution of the Mid-Day Meal (hereinafter referred to as MDM) to the children, studying in Junior Basic School and Senior Basic School, has challenged the decision dated 5.8.2010 taken by Committee, constituted by District Level Monitoring Cell for distribution of MDM, and order dated 12.8.2010, passed by District Basic Education Officer, Kanpur Nagar. The decision dated 5.8.2010 was taken by the committee in pursuance of the letter dated 13.7.2010, written by Additional Director, MDM Authority requiring the District Magistrate, Kanpur Nagar to take action pursuant to the report of the Public Account Committee of Legislative Assembly. The decision contains three parts: (1) for illegal occupation of the premises of Primary School, Prem Nagar by the petitioner, the rent of the same be assessed through Tehsildar and the same be recovered from the petitioner; (2) the society be blacklisted and stopped from further work of MDM in the district; and (3) recovery of the embezzled amount alongwith 18% interest, whereas by order dated 12.8.2010,











































































































































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