MAHESH CHNADRA SRIVASTAVA v. STATE OF U.P. AND 3 OTHERS
WRIC/36363/2025 · 2025-10-16
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[ 2025 DAILYLAW 194649 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194649 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36363 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:
"(i) Issue a writ order or direction in the nature mandamus commanding to direct the respondent no. 3 to cancel the character certificate of the respondent no. 4. (ii). Issue a writ order or direction in the nature of mandamus commanding to direct the respondent no. 3 to decide the representation dated 25.09.2025 moved by the petitioner, within stipulated period as may be fixed by this Hon'ble Court."
3. The petitioner is only a complainant and not an aggrieved person. The settled law is that a writ petition can be maintained only by a person whose legal rights have been infringed. A stranger or a mere complainant, who is not directly affected, has no locus to challenge such an order. 4. In Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed & Ors., (1976) 1 SCC 671, the Hon'ble Supreme Court held that a person who is not an aggrieved party cannot maintain a writ petition unless he demonstrates infringement of a legally enforceable right. The principle has been reiterated in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra Versus Counsel for Petitioner(s) : Ashok Kumar Singh Yadav Counsel for Respondent(s) : C.S.C. Mahesh Chnadra Srivastava .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
& Ors., (2013) 4 SCC 465, wherein it was held that only a person who suffers a legal injury can invoke the writ jurisdiction. 5. In this regard, reference may be made to the judgment of this Court in Smt. Anita Kumari v. State of U.P. & Ors., 2021 (5) ADJ 470, wherein this Court has held that "a stranger to the proceedings, who is not affected directly or whose legal rights are not infringed, cannot maintain a writ petition merely on the basis of being a complainant."
6. In the present case, the petitioner has no enforceable right and, therefore, cannot challenge the character certificate issued to respondent no. 4 by the respondent no3. 7. In view of the aforesaid legal position, the writ petition is dismissed.
October 17, 2025 Arif WRIC No. 36363 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad