The Writ of Busybody Strangers / The Revival of Ray LXXXI

We rely on Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed, (1976) 1 SCC 671: “It will be seen, in context of locus standi to apply for a Writ of Certiorari, an applicant may ordinarily fall in any of these categories: (i) ‘person aggrieved’; (ii) ‘stranger’; (iii) ‘busybody’ or ‘meddlesome interloper’. Persons in last category are easily distinguishable from those coming under first two categories. Such persons interfere in things which do not concern them. They masquerade as crusaders for justice. Often, they are actuated by a desire to win notoriety or cheap popularity.

It was also observed, despite adequate opportunity, if a person has not lodged any objection at an appropriate stage and time, he could not be said to have been in fact, grieved.

High Court ought not to have ordered a re-auction. Unless there is concrete material and it is established there was any fraud and/or collusion or land in question was sold at a throw away price, sale pursuant to public auction cannot be set aside at instance of ‘strangers’ to auction proceeding.

Hon’ble Justice M.R. Shah, K.R. Kumara Gupta v. Sri Markandeya & Sri Omkareswara Swamy Temple, [Civil Appeal No. 791-792 of 2022].