AIR 1973 SUPREME COURT 2720 ::1973 2 SCC 696 ::1974 PatLJR 204 ::1974 (1) SCR 615 ::1973 2 SCWR 457

Supreme Court Of India

(From Patna: AIR 1972 Pat 460)

Hon'ble Judge(s): P. Jaganmohan Reddy, S. N. Dwivedi , JJ

(A) Constitution of India , Art.132— New plea - Appeal CD writ petition - Question of locus standi present writ petition. Brief Note: - (A) Even though the contention that the petitioner had no interest in the subject matter was not urged before the High Court in a writ petition, the Supreme Court in an appeal from the decision in the writ petition cannot only determine the soundness of the decision, but has jurisdiction to determine any point raised before it, such as whether the appeal is competent, whether a party has locus standi to present the petition and whether the petition is maintainable etc. (B) Constitution of India , Art.226, Art.32— Who can apply - Person aggrieved - Applicant on by strangers. Brief Note : - (B) The right which is the foundation for exercising the jurisdiction under Art. 32 or Art. 226 is ordinarily 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. AIR 1951 SC 41 and AIR 1952 SC 12 and AIR 1962 SC 1044, Referred.(Para 9) When the application is made by a party or by a person aggrieved the Court will intervene ex debito justitiae, in justice to the applicant, and when i....