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M/S Deluxe Industries vs State Of U.P.Thru.Secy. ...

High Court Of Judicature at Allahabad|11 February, 2021

JUDGMENT / ORDER

Hon'ble Manish Mathur,J.
Heard learned counsel for parties and perused the record.
Notice for opposite party No.1 has been accepted by learned Additional Chief Standing Counsel. Mr. Kumar Ayush learned counsel has put in appearance for opposite party No.2.
Writ petition has been filed seeking following reliefs:-
"i. issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 18.01.2021, 04.04.2018 and 24.11.2020 passed by Opp. Party No.2 contained in Annexure No.1, Annexure No.5 and Annexure No.15 respectively.
ii. Issue a writ, order or direction in the nature of mandamus directing and commanding the Opp. Parties not to disturb the possession of the petitioner over the Plot No. E-139, Industrial Area, Kursi Road, Lucknow.
iii. Issue a writ, order or direction in the nature of mandamus directing and commanding the Opp. Party No.2 to mutate the name of the petitioner in place of the deceased partner (late Humaira Khatoon)."
Learned Standing Counsel has raised objection regarding maintainability of the writ petition on the ground that although writ petition has been filed purportedly on behalf of Messrs Deluxe Industries care of Mohd. Mateen Partner, however it does not disclose the status of the petitioner as to whether it is a registered company under the Companies Act or partnership firm. It also does not contain any resolution authorizing Mr. Mohd. Mateen to maintain the writ petition on behalf of petitioner. As such it is not maintainable.
Learned counsel for petitioner, Mr. A.K. Zaidi, at this stage makes a statement at the bar that he may be permitted to withdraw this writ petition with liberty to file afresh.
The writ petition is accordingly dismissed as withdrawn with aforesaid liberty.
Order Date :- 11.2.2021 prabhat
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Title

M/S Deluxe Industries vs State Of U.P.Thru.Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 February, 2021
Judges
  • Ritu Raj Awasthi
  • Manish Mathur