Allahabad High Court

HARI CHANDversusSTATE OF U.P. THRU SECY. NAGAR VIKAS NAUBHAG-2 and ORS.

Decided: 8 April 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The petition was dismissed as the petitioner failed to make out a case and the cause of action was deemed lost.

Summary

Hari Chand filed a writ petition seeking a certiorari to quash an order dated 19 July 2003 issued by the Chairman of Nagar Palika Parishad, Rampur, and related letters from the District Magistrate. The petitioner alleged that the orders would cause irreparable loss. The Court examined the pleadings and found that the petitioner failed to establish a viable cause of action or sufficient interest to merit judicial intervention. It was observed that the cause of action appeared to have lapsed and the petitioner’s counsel was absent. Consequently, the petition was dismissed and any interim relief previously granted was vacated.

Issues considered

Whether the petitioner has a maintainable cause of action to challenge the order dated 19 July 2003.
Whether the petitioner possesses locus standi and sufficient interest to obtain a writ of certiorari.
Whether the petition is infructuous and merits dismissal.

Subjects

writ petition
certiorari
quash order
cause of action
locus standi
interim order vacated

Judgment

Court No. - 34

Case :- WRIT - A No. - 33355 of 2003

Petitioner :- Hari Chand
Respondent :- State Of U.P. & Ors.
Counsel for Petitioner :- Satyendra Kr. Pandey
Counsel for Respondent :- C.S.C.,Vikrant Pandey

Hon'ble Sudhir Agarwal,J.

1. Called in revise. None appeared on behalf of petitioner.
2. By means of the present writ petition, petitioner has sought
the following reliefs:
"(i) issue a writ, order or direction in the nature of certiorari
quashing the impugned ordfer dated 19.7.2003 passed by the
Respondent No. 3 i.e. Chairman Nagar Palika Parishad, Swar
District Rampur, in pursuance of the letter dated 16.7.2003
issued by respondent no. 1 i.e. District Magistrate, Rampur
with all its consequential effects.
(1A) to quash official letter no. 1235/92- 2003- 39 dt. 27.6.2003
passed by the respondent no. 1 with all its consequential orders
dt. 16.7.03 and 19.7.2003 passed by the respondent no. 2 and 3
with all its consequential effects otherwise the petitioner shall
suffer irreparable loss and injury."
3. However, I have gone through the pleadings, grounds as also
reliefs sought and find that petitioner is not able to make out a
case so as to justify interference of this Court by granting
reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more
survives or that petitioner has lost interest in this matter or it has
otherwise become infructuous and, probably for this reason,
none is interested to have decided this matter on merits and that
is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
6. Sri Sarvajeet Kumar, Advocate holding brief of Sri Vikrant
Pandey, Advocate is present for respondents.

Order Date :- 13.9.2018
AK

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