IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.13326 of 2010 ============================================== 1. BIHAR AUDHYOGIK KSHETRA VIKAS PRADHIKAR KARMACHARI SANGH THROUGH ITS VICE PRESIDENT, RAMESHWAR PRASAD ROY S/O SRI UDAI RAI R/O RAKSA, WARD NO.- 3, P.O.- RAKSA, P.S.- KARJA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES, GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY CABINET SECRETARIAT DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE PRINCIPAL SECRETARY FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA 6. THE PRINCIPAL SECRETARY GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF BIHAR, PATNA 7. THE SECRETARY, LAW DEPARTMENT GOVT. OF BIHAR, PATNA 8. THE CHAIRMAN BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, PATNA 9. THE MANAGING DIRECTOR BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, PATNA ============================================== Appearance : For the Petitioner : Mr.BINOD KANTH, Sr. ADVOCATE Mr. PRASHANT SINHA, ADVOCATE For the State : Mr. VIKASH KUMAR, A.C. TO A.G. For the BIADA : Mr. LALIT KISHORE, Sr. ADVOCTE Mr. GIRIJESH KUMAR, ADVOCATE CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 3 29.09.2010 This writ application preferred under Article 226 of the Constitution is filed by one Bihar Audhyogik Kshetra Vikas Pradhikar Karmachari Sangh through its Vice President, Rameshwar Prasad Roy. A preliminary objection is raised as to the maintainability of the writ petition. Learned Additional Advocate General Mr. Lalit Kishore appearing for the respondents submits that the petitioner-Sangh is not a registered organization and has no locus standi to maintain this petition. The Vice President, Rameshwar Prasad Roy also cannot maintain this petition in his individual capacity as he has already retired from service on reaching the age of superannuation. He cannot be said to be the aggrieved person. Learned Senior Advocate, Mr. Binod Kanth has filed Interlocutory Application bearing I.A. No. 8519 of 2010 seekig leave to replace the writ petitioner by six individuals named in paragraph 1 of the application. The Interlocutory Application is contested by Mr. Lalit Kishore. He has submitted that the parties cannot be joined as writ petitioners in the pending writ petition. Mr. Kanth has submitted that the persons named in 3 paragraph 1 of the application are the aggrieved persons and they have paid the Court fees individually so they should be allowed to continue the writ petition. The objection raised by Mr. Lalit Kishore is valid. In view of the aforesaid preliminary objection, Mr. Kanth seeks leave to withdraw the writ petition with a liberty to the individual applicants to file substantive writ petition/s in the subject matter. Leave is granted. The writ petition is disposed of as withdrawn. The six individuals named in paragraph 1 of the interlocutory application shall have liberty to file substantive writ petition/s in the same subject matter. The Court fees paid by the aforesaid six persons in the present petition shall inure. In the substantive petition, they will not be required to pay the Court fees afresh. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)