If not affected, a person cannot challenge an action in court: HC

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Jammu and Kashmir High Court has ruled that a person has no locus standi to file a writ petition challenging an action whereby he is not personally affected or his fundamental rights are not invaded.

Dismissing an appeal against its single bench order whereby a writ petition was dismissed against a Rural Development official for undertaking occupation of photography, a division bench of Justice Ali Muhammad Magrey and Justice Puneet Gupta held that appellant was unable to point out his locus standi to maintain the writ petition.

It is well settled legal position that a person shall have no locus standi to file a writ petition if he/ she is not personally affected by the impugned action or his fundamental rights have neither been directly or substantially invaded nor is there any imminent danger of such rights being invaded or his/ her acquired interests have been violated ignoring the applicable rules”, the court said.

The relief under Article 226 of the Constitution of India, the court said, is based on the existence of a right in favour of the petitioner invoking the jurisdiction.

The aggrieved appellant had filed the appeal against a judgment of the single bench which had dismissed his writ petition against an official of Rural Development Department for undertaking another occupation of photography in the name and style M/s Regal Photo Flash Studio, Moti Bazar in Jammu.