JUDGMENT B.S. Chauhan, J.
1. This writ petition has been filed for quashing the order dated 28th May, 2003, by which petitioner had been asked to vacate the Government accommodation as he stood transferred to other hospital and the said accommodation was required for the person transferred in his place.
2. Facts and circumstances giving rise to this case are that petitioner had been working in a hospital and he had been granted the residential accommodation for that purpose. Petitioner stood transferred to other hospital but he did not vacate the house and meanwhile proceeded to United State of America and he has not come back. Meanwhile, the impugned order of vacating the said residential accommodation has been served upon the petitioner's mother, who had filed this writ petition on behalf of the petitioner. Without entering into the merit of the submission of the learned counsel for the petitioner issue of maintainability of the writ petition by the mother requires consideration.
3. The issue of filing a writ petition through Power of Attorney-holder or someone else is no more res-integra as it has been considered by the Hon'ble Apex Court time and again. In Charanjit Lal Chowdhary v. Union of India and Ors., AIR 1951 SC 41, the Constitution Bench of the Supreme Court held that the legal rights that can be enforced in writ jurisdiction must ordinarily be the rights of the petitioner himself/herself, who complains of infraction of such right and approaches the Court for relief. "The right that can be enforced under Article 226 shall ordinarily be the personal or individual right of the petitioner himself, though in the case of some of the writs like habeas corpus or quo warranto, this rule may have to be relaxed or modified."
4.