# WRIT - C No. 40757 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2026-01-20
Citation: WRIT - C No. 40757 of 2025 at Allahabad
Petitioner: WRIT - C No. 40757 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=73333)

## Judgment text (excerpt)

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 40757 of 2025 Jitendra .....Petitioner(s) Versus State Of Up And 7 Others .....Respondent(s) Counsel for Petitioner(s) : Sitaram Yadav Counsel for Respondent(s) : C.S.C. Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. The petitioner has preferred the present petition with the following prayer:- i. A writ order or direction in the nature of Mandamus directing the respondent no.3 and 4 to remove the illegal possession as accordance of law of Gata No.549 reserve for fertilizer pit (खाद का गड्ढा) of the Gram Sabha. 2. A preliminary objection has been raised by Sri Sudhir Bharti, learned counsel for the respondent no.9/Gram Sabha as well as Sri Vijay Shankar Prasad, learned Additional Chief Standing Counsel for the respondent- State that petitioner is only a complainant and he does not fall within the definition of aggrieved person.This fact is also admitted by learned counsel for the petitioner. 3. The existence of a right in favour of an aggrieved party furnishes the locus standi to maintain a writ petition as held in Vinoy Kumar Vs. State of U.P. and others reported in (2001) 4 SCC 734 thus: "2. Generally speaking, a person shall have n

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