High court - writ petition under article 226 of constitution
sagar Rao
(Querist) 08 October 2016
This query is : Resolved
Sir,
In High court writ petition under article 226 of the constitution, petitioner can file the case in court or not , please inform.
As I had given compliant to Municipal Corporation for illegal & unauthorized construction against my neighbour three years back, case was running in lower court, now case was dismissed by court for default, Municipal corporation not taking any action and I would like to file write petition in high court to direct demolition of illegal construction.
As I am having sound knowledge of building rules and regulation and without advocate I would like to proceed, please advise me.
Thanks
Sagar
kavksatyanarayana
(Expert) 08 October 2016
though you have sound knowledge, you have to get verified the original complaint and court orders which is dismissed and whether it is suitable to file appeal in appropriate court etc. so all these may not possible to go forward without an advocate.
R.K Nanda
(Expert) 09 October 2016
U can file writ petition as a last remedy.
Rajendra K Goyal
(Expert) 09 October 2016
Case has been dismissed by the lower court.
Show all documents to some lawyer practicing in High Court and discuss.
Mere knowledge of building law may not be of much help, knowledge of legal procedure and law is also required.
Dr J C Vashista
(Expert) 09 October 2016
You may be having any expertise/knowledge of municipal laws, it is next to possible for you to proceed without seeking professional service of a local lawyer.
I fully agree with expert Sh. Rajendra K Goyal.
You have no option but to hire services of a lawyer, if you want to proceed in desired manner for obtaining (may be favourable) judgment.
