Petitioner challenged a prior common order dated 12.01.2022, claiming lack of enforcement against similarly situated persons. The Court held the petitioner lacked an enforceable right or locus standi to invoke Article 226 powers and dismissed the petition as lacking merit.
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Court No. - 6
Case :- WRIT - C No. - 12046 of 2023
Petitioner :- Radhey Shyam Patel Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Ajay Kumar Patel, Atiqur Rahman Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed by the petitioner stating that by virtue of an order dated 12.01.2022, a common order was passed against the various persons including the petitioner.
It is argued that in pursuance to the said order, the petitioner has already been evicted, however, no efforts are being taken against the other persons, who were similarly situated.
Clearly the petitioner has no right much less an enforceable right for approaching this court for invoking the power under Article 226 of the Constitution of India.
The writ petition lacks merit and is dismissed.
Order Date :- 12.4.2023 VNP/-
Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a petitioner without a specific enforceable right or service on the petitioner has locus standi to invoke the court's power under Article 226 of the Constitution.
Whether the writ petition deserves merits proceedings when the petitioner claims enforcement of a prior common order affecting only select persons.
Radhey Shyam Patel
State Of U.P.
Pankaj Bhatia
Vishvanath Prasad Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
