Allahabad Highcourt after quashing a petition struck the petitioner for approaching court under Article 226 without any violation of the Fundamental right. The petition was dismissed and said to be dismissed by the court as the petitioner was unable to point out his infringed rights when the justice asked him about it
The petitioner had appealed to Allahabad high court for granting of an injunction to cease the construction of the Barat Ghar located in village Manak Chauk, Nanpur scrapping of the application filed by the petitioner to the District Magistrate of nanpur. The Single bench consisted of Justice Vivek Agrawal stated that the application was lodged by the petitioner to the magistrate a month before filing the petition before the high court “When the counsel appearing for the petitioner is questioned that which of his right has been violated and what is the locus of the petitioner, he prays for adjournment.”
The Justice stated that the petitioner could not show his rights which were violated for invoking the court’s jurisdiction under Article 226 of the Indian Constitution.
“This kind of practice of Bench hunting seeking a time when confronted with queries is not a fair practice.” Stated by the Allahabad High Court.
The Plea was not entertained but set aside by the High court.
Reported By : Mohammad Zahid