Our writ petition in karnataka high court - change of lawyer
Pradeep Kumar
(Querist) 26 August 2016
This query is : Resolved
We live in Bangalore. Our layout's approach road was blocked by adjacent landlords. Approx. 1000 residents living in our lay out are in agony. Bangalore Development Plan shows the road. Documents clearly shows an encroachment. We have been approaching BBMP authorities to help us out. No response. To address this issue, we have filed a writ petition in Feb-16. Respondents keep taking time to file objections. The landlord's objections appear to be baseless while they are saying grammar errors, unrelated things, etc. without producing evidence whether or not they encroached the road. We have strong documentary evidence.
Problem that we realise now is: (Sorry to say) our lawyer is incompetent to deal our case. Uptill now, did not clear any objections except filed WP. She is coming to us asking how to clear the objections. Even writ petition content was prepared by us while she brought legal section numbers into it. In hearings, she keeps quiet and tells us she will clear in writing. But even that does not happen. Any how, we are in problem and need to come out of it.
Your suggestion is required for:
- What is the procedure to nominate another lawyer after we choose a competent one?
- Whether current lawyer has to formally hand-over in court or if we (Petitioners) give an affidavit, is adequate?
Please ADVISE. Urgent.
Pradeep
P. Venu
(Expert) 26 August 2016
The facts appear to be inconsistent. The respondents have nothing to do with the objections; it is the job of the registry. And these objections are taken care by the advocate clerks.
Anyhow, you can engage the lawyer. Normal procedure requires no objection from the existing lawyer. However, this could be dispensed with the permissionapproval of the Court.
Rajendra K Goyal
(Expert) 27 August 2016
Take no objection and engage / entrust another lawyer.
cherukuri prasad
(Expert) 27 August 2016
Writ petition is not maintainable against Private parties. Govt needs to file counter. Change advocate by filing New vakalatnama. It is simple.
Raj Kumar Makkad
(Expert) 28 August 2016
First of all engage another lawyer after fully satisfying about his competence to deal with such issues and then obtain his vakalathnama, get NOC of your previous lawyer and then handover the same to newly engaged lawyer. Rest leave upon him.
