Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50251 Court No. - 33 Case :- WRIT - C No. - 10257 of 2025 Petitioner :- Satyam Saroj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred present writ petition inter-alia with the following prayer:-
"1- issue a writ, order or direction in the nature of certiorari quashing the
order dated 13-2-2025 (Annexure No.9) passed by respondent no.3."
2. The petitioner is a complainant. The complaint filed by the petitioner was duly investigated and thereafter an order dated 13.02.2025 was passed by the District Panchayat Raj Officer, Mirzapur. Since nothing was found in the complaint, the same was rejected by the aforesaid order.
3. The Hon'ble Supreme Court in case of Jasbhai Motibhai Desai Vs. Roshan Kumar, Haji Bashir Ahmed reported in 1976 (1) SCC 671 held that a stranger who is not an aggrieved person cannot maintain a Writ for either Certiorari or Mandamus. The relevant paragraph of the aforesaid judgment is reproduced hereunder:-
"50. While a Procrustean approach should be avoided, as a rule, the Court should not interfere at the instance of a "stranger" unless there are exceptional circumstances involving a grave miscarriage of justice having an adverse impact on public interests. Assuming that the appellant is a
"stranger", and not a busybody, then also there are no exceptional circumstances in the present case which would justify the issue of a writ of certiorari at his instance. On the contrary, the result of the exercise of these discretionary powers, in his favour, will, on balance, be against public policy. It will eliminate healthy competition in this business which is so essential to raise commercial morality; it will tend to perpetuate the appellant's monopoly of cinema business in the town; and above all, it will in effect, seriously injure the fundamental rights of Respondents Nos. 1 and 2, which they have under Article 19(1)(g) of the Constitution, to carry on trade or business subject
"reasonable restrictions imposed by law".
4. The same view was again taken by the Madras High Court in the
case of Eswari vs. Chief Secretary of Government of Tamilnadu and others in Writ Petition No.27298 of 2021 decided on
25.1.2023.
5. In this view of the matter, the Court is of the opinion that since the petitioner does not come within the definition of aggrieved person, the petition is liable be dismissed and the same is hereby dismissed.
6. Registrar (Compliance) is directed to communicate copy of this
order to respondent no.4 namely Smt. Madhuri Sonkar, Village Pradhan Nibi Gaharwar, Block Chhanbe, District Mirzapur.
Order Date :- 8.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad