Allahabad High Court
Sareef vs State Of U.P. Thru. The Prin. Secy.Food ... on 10 January, 2023
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- WRIT - C No. - 9623 of 2022 Petitioner :- Sareef Respondent :- State Of U.P. Thru. The Prin. Secy.Food And Civil Supplies Lko. And 3 Others Counsel for Petitioner :- Govind Singh Bot (Govind Ram) Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no. 1 to 3.
Admittedly the petitioner is a complainant and he is aggrieved by an order by which the appeal filed by the fair price shop license holder has been allowed.
A preliminary objection has been taken by learned Standing Counsel that the instant writ petition being filed by a complainant would not be maintainable as a complainant has got no locus to file a writ petition.
Learned counsel for the petitioner has placed reliance on the judgement of Akhlaq vs State of U.P. and others dated 05.02.2019 passed in Writ C No. 43188 of 2017 to contend that that this Court in the case of Akhlaq (supra) has held that a complainant has got locus to file a writ petition.
It is pertinent to mention here that this Court in the case of Sanker Verma vs State of U.P. and others decided on 23.05.2019 passed in Writ Petition (SS) No. 14329 of 2019 has distinguished the case of Akhlaq (supra) and has held that a complainant has got no locus to file a writ petition.
Learned Standing Counsel also informs that this Court in the case Ram Kumar vs State of Up and others dated 23.08.2022 passed in Writ C No. 5535 of 2022 has held that a complainant has got no locus to file a writ petition. Likewise this Court in the case of Durvin Singh vs State of U.P. and others reported in (2021) ILR 8 All 845 has also held the a complainant does not have the locus standi to file a writ petition.
Accordingly, considering the aforesaid and admittedly the petitioner being a complainant he does not have any locus to file this petition.
Accordingly, the writ petition is dismissed.
Order Date :- 10.1.2023 J.K. Dinkar