JUDGEMENT
-
(1.) The petitioner has preferred this writ petition under Article 226 of the Constitution for the following relief:
PRAYER
It is, therefore, Most respectfully prayed that this Hon'ble Court may graciously be pleased to-:
(i) issue a writ order or direction in the nature of Mandamus by direct to the Respondents not to delete the fruit Juice Shop of the petitioner which is located at Town Hall Road Shahjahanpur on the land of Arya Samaz Mandir on Rent.
(ii) issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iii) To award the cost petition in favour of the petitioner."
(2.) We have carefully perused the pleadings and relief of the writ petition.
(3.) We experience that a large number of writ petitions are filed in this Court with some what similar pleadings and relief. With a view to hilight the falling standard of some of the members of the bar, the entire writ petition with its grounds and prayer is extracted below in verbatim:
"1. That this is first writ petition on behalf of petitioner before this Hon'ble Court by seeking present relief. Petitioner never preferred any other earlier writ petition on his behalf before this Hon'ble Court by seeking present relief.
2. That the petitioner in land of Arya Samaz Mandir located at Town Hall Road Shahjahanpur have one fruit Juice Shop from the Year 2004 on Rent of Rs.300 and regularly paid the same and no dispute between the them till date and petitioner take electricity connection on 13.04.05. A Photo Copy of some rent receipts as well as electricity connection Receipt are collectively been filed herewith and marked as Marked as Annexure No. 1 to this writ Petition.
3. That it is most important to mentioned here that petitioner shop distance from the Road 15 Fit and entire road Track numbers of building are constructed and no any building has been disturbed by the Respondents. A Current Photo Graph of the petitioner Shop as well as located area are being filed herewith and Marked as Annexure No. 2 to this writ Petition.
4. That the petitioner's family livelihood depends up on this shop but Respondents illegally want to delete the shop of petitioner i.e. against the natural justice and eye of law.
5. That the Respondents till date no any Notice has been given to the petitioner regarding the delete his Fruit Juice Shop but illegally want to delete the shop.
6. That the petitioner has no speedy remedy except approach this Hon'ble Court.
7. That the petitioner is very poor and law abiding person of the society.
8. That in view of aforesaid facts and circumstances of the case, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to allow this writ petition and direct to the Respondents not to delete the fruit Juice Shop of the petitioner which is located at Town Hall Road Shahjahanpur on the land of Arya Samaz Mandir on Rent, in the interest of justice may be done and/or pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise petitioner shall suffer irreparable loss and injury.
9. That there is no other alternative remedy except to approach this Hon'ble Court under Article 226 of the Constitution of India, inter alia amongst other following grounds:-
GROUNDS
A. Because, the petitioner in land of Arya Samaz Mandir located at Town Hall Road Shahjahanpur have one fruit Juice Shop from the Year 2004 on Rent of Rs.300 and regularly paid the same and no dispute between the them till date and petitioner take electricity connection on 13.04.05.
B. Because, it is most important to mentioned here that petitioner shop distance from the Road 15 Fit and entire road Track numbers of building are constructed and no any building has been disturbed by the Respondents.
C. Because, the petitioner's family livelihood depends up on this shop but Respondents illegally want to delete the shop of petitioner i.e. against the natural justice and eye of law.
D. Because, the Respondents till date no any Notice has been given to the petitioner regarding the delete his Fruit Juice Shop but illegally want to delete the shop.
E. Because, the petitioner has no speedy remedy except approach this Hon'ble Court.
F. Because, the action of Respondents is against the eye of law."
;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.