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Judgment
Mrs. Jayashree Tiwari, J.—Heard learned counsel for the petitioner and Shri Devi Shanker Shukla, learned counsel appearing for respondent nos.1 to 4.
This petition has been filed by the association claiming fundamental right over the land in dispute on the ground that the land is their bhoomidhari and, therefore, the army be directed not to pass its tank over it.
The Apex Court in Shri Mahinder Kumar Gupta etc. v. Union of India, Ministry of Petroleum and Natural Gas, JT 1995 (1) SC 11 has held that an association cannot file a writ petition as it has no fundamental right under Article 32 of the Constitution of India and, therefore, dismissed the writ petition.? Here also, the association is claiming fundamental right that the land is their bhoomidhari and no one can pass without the permission of the petitioner.
As has already been held by the Apex Court the writ petition is not maintainable.? It is accordingly dismissed. However, it is open to the member of the association to choose legal remedy available to them.