- (1.) The Court: The Tenant's Welfare Association petitioner No. 1 herein made this writ petition by the pen of one Sri Mahendra Kumar Sanghai, respondent No. 2 herein claimed to be the Secretary of such Association. Admittedly the petitioner No. 1 Association is not the tenant of the premises in question. A list of tenants has been annexed claiming that the petitioner No. 1 is representing such tenants. But neither they have not made parties to the writ petition nor they have filed individual Court fees for making joint writ petition under a self same cause of action. Naturally, the private respondent being the owner of the property challenged the locus standi of the writ petitioners.
(2.) Mr. Ajit Kumar Panja, learned senior counsel, appearing for the respondents cited two judgments of this High Court one of which was delivered by a single Judge and another is delivered by a Division Bench of this Court.
(3.) In AIR 1990 Cal 176 (Sand Carrier's Owners' Union & Ors. v. Board of Trustees for the Port of Calcutta & Ors.) a single Judge of this Court held that unincorporated associations are not legal persons and as such writ petitions are not maintainable. An association can be formed to protect the interest of consumers, tenants or other groups with the common interest but such group cannot move writ application. The writ petition, at the instance of an association, is not maintainable where the association itself is not affected by any order.;