2015 (12) TMI 50

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..... No cause of action shown by the Association to file the present writ petition as person aggrieved. In Mani subrat Jain and others v. State of Haryana and others, reported: 1977 (1) SCC 486, the Supreme Court at paragraph 9, held as follows:- "9. The High Court rightly dismissed the petitions. It is elementary though it is to be restated that no one can ask for a mandamus without a legal right. There must be a judicially enforceable right as well as a legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when a person is denied a legal right by someone who has a legal duty to do something to abstain from doing something." 2. It is well settled that, i....

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.... ordinarily be the personal or individual right of the petitioner himself though in the case of some of the writs like habeas corpus or quo warranto this rule may have to be relaxed or modified." (iv) At paragraph No. 2 of the judgment in Vinoy Kumar v. state of Uttar Pradesh: AIR 2001 SC 1739 the Apex Court has held as follows:- "Para-2: Generally speaking, a person shall have no locus standi to file a writ petition if he is not personally affected by the impugned order or his fundamental rights have neither been directly or substantially invaded nor in there any imminent danger of such rights being invaded or his acquired interests have been violated ignoring the applicable rules. The relief under Article 226 of the Constituti....

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....by the appellant cannot have any personal grievance in the matter and at best, only its members can have any grievance. It is well settled that ordinarily a writ petition can only be filed by someone who is personally aggrieved. The powers under Article 226 of the Constitution of India should be sparingly used and only in those clear cases where the rights of a person have been seriously infringed and he has no other adequate and specific remedy available to him. The relief under Article 226 of the Constitution of India is based on the existence of a right in favour of a person invoking the writ jurisdiction." (VI) Few decisions on the aspects of exercise of power under Article 226 and issuance of a Writ of Mandamus in the State of Oriss....