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2008 DIGILAW 35 (CAL)

Hiranmay Ray v. The State of West Bengal

2008-01-11

JAYANTA KUMAR BISWAS

body2008
Judgment Jayanta Kumar Biswas, J. This writ petition should be dismissed with exemplary costs. One Hiranmay Ray is the petitioner. He executed a Vokalatnama in favour of the advocate who acted as his advocate-on-record. Curiously the writ petition has been signed by one Bikash Chandra Das. He has also affirmed the supporting affidavit stating that he is Tadbirkar of the petitioner. It is not known under what law a Tadbirkar can sign and present a writ petition on behalf of the real petitioner. It is not the case that the petitioner has taken out the writ petition through his constituted attorney. Advocate who has presented it submits that he gave the certificate without ascertaining whether Bikash had actually been authorized by any power of attorney by the petitioner to present the writ petition. I have no doubt that the advocate has acted in a manner which is highly improper. He should not have given any certificate when he was not shown any authority by Bikash given to him by the petitioner to present the writ petition. Facing with the situation, advocate submits that he will not press the writ petition. I do not think such prayer should be accepted. I am, however, of the view that since the advocate has begged to be excused, costs should not be imposed. For these reasons, I dismiss the writ petition. There shall be no order for costs.