Corpus Juris
Secundum : "Broadly speaking, a party or person is aggrieved by a
decision when, and only when it operates directly and injuriously upon his
personal, pecuniary or property rights".
The oft-quoted dictum of James, L. J.,
in Ex parte, Sidebotham, (1880) 14 Ch D 458 states :
"But the words 'person
aggrieved' do not really mean a man who is disappointed of a benefit which he
might have received if some other order had been made. A 'person aggrieved'
must be a man who has suffered a legal grievance, a man against whom a decision
has been pronounced which has wrongfully deprived him of something, or
wrongfully refused him some-thing, or wrongfully affected his title to
something".
S. Govinda
Menon vs K. Madhavan Nair And Ors. AIR 1964 Ker
235 http://indiankanoon.org/doc/6910/
"In
legal acceptation a party
or person is aggrieved by a
judgment, decree, or order,
so as to be entitled to
appeal..... whenever it operates prejudicially and
directly upon his property or pecuniary rights or interests, or upon his
personal rights and only when it has such effect". (Vol 4, P- 356 -- 1st
Edn.)
CA 7728/2012
7. It is a settled legal proposition that a stranger cannot be permitted to meddle in any proceeding, unless he satisfies the Authority/Court, that he falls within the category of aggrieved persons.
Only a person who has suffered, or suffers from legal injury can challenge the act/action/order etc. in a court of law. A writ petition under Article 226 of the Constitution is maintainable either for the purpose of enforcing a statutory or legal right, or when there is a complaint by the appellant that there has been a breach of statutory duty on the part of the Authorities. Therefore, there must be a judicially enforceable right available for enforcement, on the basis of which writ jurisdiction is resorted to. The Court can of course, enforce the performance of a statutory duty by a public body, using its writ jurisdiction at the behest of a person, provided that such person satisfies the Court that he has a legal right to insist on such performance. The existence of such right is a condition precedent for invoking the writ jurisdiction of the courts. It is implicit in the exercise of such extraordinary jurisdiction that, the relief prayed for must be one to enforce a legal right. Infact, the existence of such right, is the foundation of the exercise of the said jurisdiction by the Court. The legal right that can be enforced must ordinarily be the right of the appellant himself, who complains of infraction of such right and approaches the Court for relief as regards the same. (Vide : State of Orissa v. Madan Gopal Rungta, AIR 1952 SC 12; Saghir Ahmad & Anr. v. State of U.P., AIR 1954 SC 728; Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal & Ors., AIR 1962 SC 1044; Rajendra Singh v. State of Madhya Pradesh, AIR1996 SC 2736; and Tamilnad Mercantile Bank Shareholders Welfare Association (2) v. S.C. Sekar & Ors., (2009) 2 SCC 784).
8. A "legal right", means an entitlement arising out of legal rules. Thus, it may be defined as an advantage, or a benefit conferred upon a person by the rule of law. The expression, "person aggrieved" does not include a person who suffers from a psychological or an imaginary injury; a person aggrieved must therefore, necessarily be one, whose right or interest has been adversely affected or jeopardised. (Vide: Shanti Kumar R. Chanji v. Home Insurance Co. of New York, AIR 1974 SC 1719; and State of Rajasthan & Ors. v. Union of India & Ors., AIR 1977 SC 1361).
15. ....a person who raises a grievance, must show how he has suffered legal injury. Generally, a stranger having no right whatsoever to any post or property, cannot be permitted to intervene in the affairs of others.
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