P.K.S.BAGHEL, PIYUSH AGRAWAL
Gaurav Kapoor – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Piyush Agrawal, J.
1. The petitioner has filed the present writ petition seeking mandamus directing to respondent no. 2 to take appropriate steps on the complaint made by the petitioner on 10.4.2019 alleging that respondents is engaged in commercial activity in the residential area.
2. Sri Shivam Yadav, learned counsel for the respondent has pointed out that affidavit filed in support of the writ petition is being sworn by father of the petitioner but at the relevant place of affidavit, name of the petitioner has been shown. There is defect in the affidavit filed in support of the writ petition. Therefore, the present writ petition is not maintainable.
3. On 24.10.2019, the counsel for the petitioner was granted time to move an appropriate application for correcting the affidavit. Learned counsel for the petitioner has moved an application to amend the said defect.
4. However, our attention has been drawn to Chapter IV, Rule 18 of the Allahabad High Court Rules, 1952; wherein, it is provided that no interlineations, alternations or erasures in an affidavit shall be permitted after swearing has been done.
5. Chapter IV, Rule 18 of Allahabad High Court Rules reads thus:
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