The Allahabad High Court has dismissed a Public Interest Litigation (PIL) after finding that it was not filed to protect public interest but to advance the interests of a private contractor. The Court observed that the petitioner, an advocate, had concealed his professional status while projecting himself as a social activist and sought relief that would ultimately benefit a particular private party.
Background of the Case
The PIL was filed by Rakesh Mishra seeking directions for the expeditious completion of an inquiry into alleged irregularities in the award of government tenders. The petition also requested that the retirement benefits of one of the respondent officials be withheld until the departmental inquiry concluded.
However, while examining the record, the Bench noted that the petitioner had described himself as a social activist in the PIL, despite documents annexed with the petition showing that he was, in fact, an advocate practicing in Jhansi.
Court's Observations
A Bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra closely examined the petitioner's earlier representation made to the Chief Minister. The Court found that the representation specifically sought restoration of a cancelled contract in favour of M/s Bajpai Traders and cancellation of contracts awarded to other firms.
The Bench observed,
“The very fact that the petitioner, an Advocate, had made a prayer for awarding contract in favour of a particular party... essentially is gross abuse of the jurisdiction of public interest litigation.”
The judges further noted that M/s Bajpai Traders had already challenged the tender process through earlier writ petitions filed by the same counsel appearing in the present PIL. One of those petitions remained pending before the High Court, where an interim order had already been passed regarding the awarded tender.
According to the Court, the sequence of events made it difficult to treat the PIL as a genuine public interest matter. It observed,
“Filing of PILs by Advocates, suppressing their status and claiming public interest, which essentially is interest of their clients, is gross abuse of process of PIL jurisdiction.”
Court's Decision
Holding that the petition was a misuse of the extraordinary jurisdiction meant for genuine public causes, the Allahabad High Court dismissed the PIL.
The Bench also issued a warning to the petitioner to "mend his ways," stating that failure to do so could invite stern action in future.
Case Details
Case Title: Rakesh Mishra vs State of U.P. and 4 Others
Case Number: Public Interest Litigation (PIL) No. 1514 of 2026
Judge: Chief Justice Arun Bhansali and Justice Kshitij Shailendra
Decision Date: July 14, 2026
