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Allahabad High Court

RANJANA GOSWAMIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn due to lack of proper authorization in the power of attorney.

Summary

The petitioner, Ranjana Goswami, paid money on behalf of Sardar Manohar Singh to the Varanasi Development Authority and sought the execution of a sale deed either in her name or in the name of Sardar Manohar Singh, but the Authority failed to act. The petitioner filed a writ petition in the Allahabad High Court to compel the Authority to decide the representation. The court observed that the power of attorney executed by Sardar Manohar Singh did not authorize the petitioner to file a writ on his behalf. Consequently, the petitioner requested that the writ be dismissed as withdrawn, with liberty to file a fresh petition if required. The court dismissed the writ petition as withdrawn, granting the petitioner's request.

Issues considered

  • Whether the petitioner had the authority under the power of attorney to file a writ petition on behalf of Sardar Manohar Singh
  • Whether the writ petition should be dismissed for lack of proper authorization

Subjects

  • writ petition
  • power of attorney
  • sale deed
  • Varanasi Development Authority
  • withdrawal
  • jurisdiction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - C No. - 35794 of 2026


Ranjana Goswami
                                                          .....Petitioner(s)

                                  Versus



State Of U.P. And 2 Others
                                                        .....Respondent(s)


Counsel for Petitioner(s)      : Surendra Nath Dubey, Upendra Kumar
                                 Dubey
Counsel for Respondent(s)      : C.S.C., Ravi Prakash Pandey

Court No. - 29
                 HON'BLE SIDDHARTHA VARMA, J.
                 HON'BLE KUNAL RAVI SINGH, J.

1. Learned counsel for the petitioner submits that petitioner has paid
certain money on behalf of one Sardar Manohar Singh son of Sardar Sri
Gurucharan Singh to the Varanasi Development Authority and has
requested the Varanasi Development Authority to execute the sale deed
either in her favour or in favour of Sardar Manohar Singh but nothing has
been done. He prays that the representation submitted by the petitioner in
this regard may be directed to be decided by the Varanasi Development
Authority.

2. However, there is no authorisation in the power of attorney executed
by Sardar Manohar Singh permitting the petitioner to file a writ petition
before this Court on his behalf.

3. Faced with the aforesaid, learned counsel for the petitioner submits
that the present writ petition may be dismissed as withdrawn with liberty
to the petitioner to file a fresh writ petition before this Court in
accordance with law.

4. Accordingly, the writ petition is dismissed as withdrawn with liberty
                                                                                      WRIC No. 35794 of 2026
                                                                2


                                    as prayed for.

                                    5. This order has been passed in presence of Sri Ravi Prakash Pandey,
                                    learned counsel for the Varanasi Development Authority and learned
                                    Standing Counsel.



                                                            (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 16, 2026
                                    Rakesh




Digitally signed by :-
RAKESH MEHTA
High Court of Judicature at Allahabad


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