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IN THE HIGH COURT OF ALLAHABAD
M. Katju, Prakash Krishna, JJ.
RAJOO - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 491 Of 2003
Decided On : 04/01/2003
Locus Standi - Writ Petition - The court held that a rival businessman has no locus standi to file a writ petition under Article 226 of the Constitution even if the grant of a license to his rival is illegal, citing various precedents including Mithlesh Garg v. Union of India and Ors., AIR 1993 SC 443.
Fact of the Case:
The petitioner sought a writ of mandamus to remove a country-made wine shop, but the court found that the petitioner had no locus standi in the matter.
Finding of the Court:
The court dismissed the writ petition, citing precedents and holding that the petitioner had no locus standi to maintain the petition.
Issues: Locus Standi of the Petitioner to file the writ petition.
Ratio Decidendi: A rival businessman has no locus standi to file a writ petition under Article 226 of the Constitution even if the grant of a license to his rival is illegal, as established by various precedents.
Final Decision: The writ petition was dismissed as the petitioner had no locus standi to maintain it.
( 1 ) HEARD learned counsel for the petitioner and the learned standing counsel.
( 2 ) THE petitioner has prayed for a writ of mandamus directing the Excise Commissioner, Uttar pradesh and the District Magistrate, Mahrajganj to remove the country made wine shop of respondent No. 4. In our opinion, the petitioner has no locus standi in the matter. In Mithlesh garg v. Union of India and Ors. , AIR 1993 SC 443, the Supreme Court observed, following its own decision in Rice and Flour Mills v. State of U. P. and Ors. , AIR 1971 SC 46 and Jaspal and ors. v. State and Ors. , AIR 1976 SC 578, that a rival businessman has no locus standi to file a writ petition under Article 226 of the Constitution even if grant of licence to his rival is illegal. This view has been followed by this Court in Hari Prasad Gupta v. Zila Panchayat. 1995 (2)AWC 929 : (1995) 2 UPLBEC 1171 and Supreme Court in North Plastic Castings Ltd. v. Hindustan Photo Film Company, JT 1997 (3) SC 101.
( 3 ) FOLLOWING the above decisions we hold that the petitioner has no locus standi to maintain the writ petition. The writ petition is accordingly dismissed.
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