Piara Singh and others vs The State of Punjab and others

Prem Chand Jain, J.—Piara Singh and others have filed this writ petition for the issuance of an appropriate writ, order or direction, quashing the order of the Additional Director, Consolidation of Holdings, respondent No. 3, dated 21st December, 1976. After the issuance of notice of motion, the writ petition was admitted on 2nd August, 1977 and the dispossession of the petitioners was ordered to be stayed.

Respondent No. 2, Gram Panchayat through its Sarpanch, has filed Civil Misc. No. 2732 of 1982 u/s 151 of the Code of Civil Procedure, praying that the writ petition be dismissed, as its contents have not been verified by any of the Petitioners and that the same have been verified by Mr. H.S. Sangha, learned counsel for the writ-petitioners. Notice of this application was given to the counsel for the writ-petitioners. Reply has been filed on behalf of the writ petitioners.

Mr. H.L. Sarin, learned Senior Advocate, besides raising the plea that the writ petition is not properly verified, has taken an Objection that the petitioners who filed this petiiion, have not authorised Mr. H.S. Sangha, Advocate, to file this petition. According to the learned counsel, the Power of Attorney filed alongwith the petition, bears the signatures and thumb-impressions of some other persons.

We have heard the learned counsel for the parties. There is no gainsaying that the verification is not proper. We would not have dismissed this petition on this technical objection, but we find that the petitioners have not authorised Mr. H.S. Sangha, Advocate to file this petition on their behalf. Admittedly, the Power of Attorney does not bear the signatures or thumb-impressions of petitioners No. 2, 3 and 4. On the Power of Attorney there is thumb-impression of one Piara Singh, but that is not decipherable hence it cannot be said that petitioner No. 1 has put his thumb-impression on the Power of Attorney. As none of the petitioners has authorised Mr. H.S. Sangha, Advocate, to file this petition, the same is liable to be dismissed en this ground alone. Consequently, we dismiss the petition with costs.