Shivram Agrawal v. Shri Rakesh Agrawal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Criminal) No. 576 of 2020 • Shivram Agrawal S/o Late Rajaram Agrawal Aged About 52 Years R/o Proprietor M//s Gaurav Filling Station, Ward No.-16 Housing Board Corner Camp-2 Bhilai District Durg (CG) ---- Petitioner

Versus

1. Shri Rakesh Agrawal S/o Late Rajaram Agrawal Aged About 44 Years R/o A206 Kuber Apartment Shankar Nagar Raipur, Tahsil And District- Raipur (CG)

2. State Of Chhattisgarh Through The Principal Secretary, Home Department Mahanadi Bhavan, Mantralaya Atal Nagar Raipur District Raipur (CG)

3. The Collector Food Department District Durg (CG)

4. The Food Controller District Durg (CG)

5. The Food Inspector Bhilai District Durg (CG) ---Respondents For Petitioner : Shri TK Jha, Advocate For Respondents 2 to 5/State : Shri Animesh Tiwari, Dy. Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24.11.2020.

1.

The petitioner has filed this writ petition stating inter alia that his brother/respondent No.1 herein filed WPC No.399/2018 in which this Court has passed certain directions to the District Magistrate wherein respondent No.1 herein claimed to be the Power of Attorney holder of the petitioner, whereas he was not the power of attorney holder of the petitioner. As such false evidence was presented by respondent No.1,

therefore, the Court should direct to prosecute respondent No.1 herein. 2.

After going through the record and hearing learned counsel for the petitioner, this Court is of the opinion that it is a dispute between two brothers, i.e. the petitioner and respondent No.1 herein, relating to power of attorney filed before the Court along with the petition. Considering the nature of dispute between the parties, this Court is not inclined to entertain this writ petition, however, the petitioner is at liberty to proceed in accordance with law.

3.

Accordingly, the present petition is dismissed. Sd/- (Sanjay K. Agrawal) JUDGE Bini