Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 50413 (ALL)

SURYA LATA v. STATE OF U.P. AND 4 OTHERS

WRIC/13333/2025 · 2025-10-09

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13333 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 and directing the respondent Nos.2 to 4 cancel the income certificate of respondent No.5. (ii). Issue any such other and further orders as this Hon'ble Court may deem fit and proper under the circumstances of the case." 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 & 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 Versus Counsel for Petitioner(s) : Ram Karan Counsel for Respondent(s) : C.S.C., Surendra Prasad Yadav Surya Lata .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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 income certificate issued to him by the respondent nos. 2 to 4. 7. In view of the aforesaid legal position, the writ petition is dismissed. October 10, 2025 Gaurav WRIC No. 13333 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad