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Patna High Court

Pratap Jitendra Narayan Singh vs The State Of Bihar on 15 December, 2022

Bench: Chief Justice, Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.22106 of 2019
     ======================================================
     Pratap Jitendra Narayan Singh Son of Late Jyoti Narayan Singh, Resident of -
     Surya Jyoti Bhawan, Shastri Nagar East, Road No. 4, Police Station -
     Rampur, District- Gaya.

                                                                ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Principal Secretary, Department of Home
     (Prison), Govt. of Bihar, Patna.
2.   The Principal Secretary, Department of Home (Prison), Govt. of Bihar,
     Patna.
3.   The Inspector General, Prisons and Correctional Services, Bihar, Patna.
4.   The Superintendent, Central Jail, Gaya.
5.   The District Magistrate, Gaya.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      None
     For the Respondent/s   :      Mr. Manish Kumar, GP-4
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-12-2022 Petitioner has prayed for the following relief(s):-

"i) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the respondent authority to insure the supply of the milk and milk products in the Central Jail premises from the petitioner who was appointed as retailer of Magadh Milk Union, Gaya (a unit of COMFED) to run retail outlet inside the jail compound, Gaya by the Managing Director of Magadh Dairy Project, Gaya Dairy, Gaya.
ii) For issuance of writ in the nature of mandamus or Patna High Court CWJC No.22106 of 2019 dt.15-12-2022 2/3 any other appropriate writ for restraining the respondent no. 4, the Superintendent, Central Jail, Gaya from procuring Milk and Milk products from the other suppliers through tender without any valid permission of the superior authorities.
iii) For issuance of writ in the nature of mandamus or any other appropriate writ for allowing the petitioner to open the Sudha Stall already situated in the Jail Premises and further be pleased to allow the petitioner for making storage of the milk and milk products in the Jail Premises in order to smooth running of the Sudha Stall.
iv) For issuance of writ in the nature of mandamus or any other writ for setting up inquiry for procuring milk and milk products in the Jail Premises through tender process by the Jail Superintendent, Central Jail, Gaya despite of standing order the Inspector General (prison).
v) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

On 13.12.2022, we had passed following order:-

"Despite repeated calls, none has entered appearance on behalf of the petitioner. However, in the interest of justice, matter is adjourned.
List on 15.12.2022 in the category of "Order Matters"."

Even today, despite repeated calls, none has entered Patna High Court CWJC No.22106 of 2019 dt.15-12-2022 3/3 appearance on behalf of the petitioner.

As such, the present petition stands dismissed for default.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) avinash/PKP AFR/NAFR CAV DATE Uploading Date 20.12.2022 Transmission Date