Court dismissed the writ petition as not maintainable. It was filed by Kailash Chandra Agarwal as a proxy suit on behalf of his wife and brother-in-law, the actual owners, who were not parties before the court.
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Court No. - 39
Case :- WRIT - C No. - 42939 of 2018
Petitioner :- Kailash Chandra Agarwal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bakhteyar Yusuf,Faheem Ahmad Counsel for Respondent :- C.S.C.,K.R. Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Bakhteyar Yusuf, learned counsel for the petitioner, Sri K.R. Singh, learned counsel for the respondent no.2 and the learned Standing Counsel for the respondents no.1, 3, 4, 5 & 6.
The petitioner in the writ petition is seeking a direction to the respondents not to demolish part of the residential house no.37D, situated at Kasiya Road, Mohiuddinpur, Gorakhpur City, Gorakhpur.
In paragraph 4 of the writ petition it is stated that the said land was purchased by the petitioner's wife Savitri Devi and his brother-in-law Shyam Sundar Agarwal jointly from one Satya Narayan Tebriwal.
Neither Shyam Sundar Agarwal nor Savitri Devi are before us in this writ petition. Persons who claimed to be aggrieved and who want relief are not the petitioners before us. Therefore, this writ petition in the nature of a proxy petition filed on behalf of Savitri Devi is not maintainable and is accordingly dismissed.
Order Date :- 25.3.2019 N Tiwari
1 issue framed by the court
Whether a writ petition filed as a proxy suit on behalf of absent beneficial owners of property is maintainable.
Kailash Chandra Agarwal
State Of U.P.
B. Amit Sthalekar
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
