Power of attorney
Janak Raval
(Querist) 18 July 2012
This query is : Resolved
Hi,
one person is staying in usa and having an Indian citizenship. He want to do a writ of mandamus in high court against public servants. and a problem is that He want to do this writ without coming in India by giving power of attorney to someone who is residing in India. so what is the procedger to file a writ by power of attorney in this circumstances?
plz give me quick reply so i can proceed further. and give me suggestive judgement of various high courts and supreme court of India.
plz reply on my email address. my email address is janak.advocate@gmail.com
ajay sethi
(Expert) 18 July 2012
no it has to be filed by person himself . it cannot be done through power of attorney holder
ajay sethi
(Expert) 18 July 2012
exception.
9. In Gaddie Venkateswara Rao v. Government of Andhra Pradesh and Ors., AIR 1966 SC 828, the Hon'ble Supreme Court observed as under :
".......... that 'ordinarily' the petitioner who seeks the filing of an application under Article 226 of the Constitution should be one, who has a personal or individual right in the subject matter
In Cyril E. Fernandex v. Sr. Myria Lydia and Ors., AIR 1977 SC 2145; the Apex Court held that a person who is "directly concerned" with the grievance can maintain the writ petition.
12. In Municipal Waraseoni and Anr. v. Satish Chandra Jain and Anr., (1996) 7 SCC 29, the Hon'ble Supreme Court held that writ is maintainable only by the aggrieved party and not by some one else and a
