Alakhdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17091 of 2023 ====================================================== Alakhdeo Singh son of Late Deo Saran Prasad legal representative for M/s Jai Ambay Traders, resident of Four Star Campus, Near Town Police Station, P.O. Aurangabad, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through Inspector General Jail and Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Home Department, (Prison) Govt. of Bihar, Patna. 3.

The District Magistrate, Aurangabad.

4.

The Jail Superintendent, Aurangabad 5.

The Technical Bid Evaluation Committee through its Member, Jail Management, Aurangabad (Bihar) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Kumar Sinha, Adv For the Respondent/s :

Mr.Ajay (GA5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-12-2023 The petitioner has filed the writ petition in his personal capacity as a legal representative of M/S Jai Ambey Traders. Admittedly, the proprietor of the M/S Jai Ambey Traders is a different person. There is no authorization by way of power of attorney produced in the writ petition.

2. The petitioner's counsel urged that he had filed the objection before the authority on which, an order was passed, which is impugned herein. That does not give him the locus to file a writ petition representing M/s Jai Ambey Traders

Patna High Court CWJC No.17091 of 2023(2) dt.07-12-2023 2/2 especially as a legal representative when no such legal authorization has been produced.

3. We find absolutely no reason to entertain the writ petition but however make it clear that the proprietor or his authorized representative would have the authority to agitate the cause.

4. Accordingly, the writ petition is dismissed with the reservation noted above.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) uttam/- U