Mukesh Kumar v. The State Transport Commissioner,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1429 of 2026 ====================================================== Mukesh Kumar son of Sudhir Yadav, Resident of village- Aanandpur P.O. Gavai, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s

Versus

1.

The State Transport Commissioner, Govt. of Bihar, Patna. 2.

The District Officer-Cum-District Magistrate, Lakhisarai. 3.

The District Transport Officer, Lakhisarai.

4.

The Union of India through Secretary, Ministry of Road Transport Department and High- Way, Government of India, New Delhi 5.

The S.H.O. Suryagarha P.S. Lakhisarai, District Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the State :

MD. Zeeshan Kalam (AC to SC-20) For the Respondent(MORTH) :

Mr. Anshay Bahadur Mathur (C.G.C) ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 24-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. With the consent of both the parties, this writ application is being disposed of at the admission stage itself.

3. In the present writ application, the petitioner has prayed for grant of following reliefs:- (i) To issuance of writ in the nature of mandamus directing and commanding the respondents to pay fixed compensation amount Rs. 2,00,000/- to the petitioner in terms of Hit and Run, Motor accident scheme 2022 vide its notification dated 25 February 2022 for which the petitioner has filed an application under the prescribed

Patna High Court CWJC No.1429 of 2026(5) dt.24-07-2026 2/3 format i.e format-1 (Para 20(i)) on 24-9-24 alongwith all relevant documents before the concerned authority i.e Respondent No. 3 but till date the grievances of petitioner is still pending because respondents are sitting tight over the matter.

(ii) For issuance of any other writ/writs order/order direction/directions as your lordships may deem fit and proper.

4. At the outset, learned counsel appearing on behalf of respondent referring to paragraph 6 of the counter affidavit, submits that the matter is sub judice before the Bihar Motor Accident Tribunal Munger, vide application No.

MUNG0080/2026 dated 12.03.2026, which would be evident from the letter no. 355 dated 17.03.2026 Annexure B/2 to the counter affidavit. Therefore, this writ application does not require interference of this Court at this stage as is deserves to be dismissed.

5. Considering the aforesaid fact that the application has already been filed by the petitioner raising the claim as raised in the writ application before the Bihar Motor Accident Tribunal, Munger and the matter is sub judice before the tribunal, this court is of the considered opinion that it would not be proper to be allowed to run parallel proceedings simultaneously or interfere in the matter while an active case is already ongoing before the Tribunal as this writ application

Patna High Court CWJC No.1429 of 2026(5) dt.24-07-2026 3/3 would amount to a premature application because of the fact that the proceeding before the Tribunal has not yet reached to the final conclusion.

6. Accordingly, this writ application is dismissed, merely on the ground that the matter is sub judice before the Tribunal.

(Girijish Kumar, J) nitu/- U