Gopal 02 February 2018

Help regarding argument in court

Sir I filed a writ petition regarding my problem as party in person. I request you to post suitable argument situations & techniques and tips any. Problem: before my house there is 50 years old building using as a commercial lodge without any permissions and trade license. I complained about this to Local Municipality commissioner, local Circle inspector and district collector. But no response, still using illegally. Collateral illegal activities are parking across our streets and drinking and creating nuisance. Proofs I collected: 1. In the RTI municipality agreed that the building is of 50years old and they have no records even as a residential house. And one more point mentioned that, notices are also issued to that building owner and that building owner has proposed to take the permission and permission is under process. I made writ petition by stating that my fundamental rights are violating and I mentioned article 19 (1) d , 21 and right to privacy.

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5 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant) 03 February 2018

You should be careful before you approach any court. Don't take it lightly you risk the cost being imposed by the court upon you. You can approach the court by way of writ only if your fundament rights are affected. You must exhaust all remedies available before invoking writ jurisdiction. It cannot be filed to settle person scores.

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Gopal 04 February 2018

sir Thank you for the reply but i already approched local muncipality commissioner and district collector 2 times by giving complaint letter to them. simply they are ignoring this matter and the owner of the said illegal lodge not stopped using of lodge still to the date. totally i am suffering from their illegal activities. daily those boarded people creating nuisance and breaching my privacy. So i moved to writ at HC. Is there any wrong in my side? please reply sir.

Gopal 04 February 2018

sir this is small matter i think, so i moved to high court. sir i have photos and videos and RTI documents as proof.

and one more doubt that i have is.... sir if court thinks the evidences are not sufficient then will any fine be charged upon me?

if so any remedy available.... i am Company Secretary final student sir

SHIRISH PAWAR, 7738990900 (Advocate) 05 February 2018

High court may put cost by way of fine if you fail to prove your case and court finds that case was false and frivilous. Fine may be in lakhs.

Gopal 12 February 2018

Thank you all for your expressions and suggestions and I kindly informing that I proved and I got judgement in favour of me. I believe on DHARMO RAKSHATHI RAKSHITHA: and that only helped me and Once again thank you for your efforts.