Mithilesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1529 of 2017 =========================================================== Mithilesh Singh, Son of Late Kailash Singh, Resident of village - Rashalpur, P.S. Dumara, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Transport Department, Govt. of Bihar, Patna

2. Chairman State Transport Appellate Tribunal, Bihar, Patna

3. Joint Commissioner Cum Secretary,

4. Regional Transport Authority, Muzaffarpur

5. The Commissioner Tirhut Division, Muzaffarpur

6. The District Transport officer, Muzaffarpur

7. Sri Kamlesh Kumar Jha, Son of Nawal Kishore Jha, Resident of village and Police Station Parsauni, District - Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sheopujan Singh, Adv. For the Respondent/s : Mr. Sarvesh Kumar- GP24 Mr. Arun Kr. Sinha, JC to GP-24 For the Resp. No.7 : Mr. Ajay Kumar Jha, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 15-05-2017 Heard learned counsel for the parties.

In the present case the petitioner is challenging the order dated 19.12.2016 passed by the Chairman, State Transport Appellate Tribunal, Bihar, Patna in Transport Appeal No. 18 of 2016, whereby and whereunder, the appellate authority has refused to grant interim relief on the ground that the petitioner has failed to make out a prima facie case or the balance of convenience in his favour. The license of the petitioner has been suspended as a result of receipt of the complaint, wherein, it has been mentioned that

Patna High Court CWJC No.1529 of 2017 dt.15-05-2017 the petitioner by playing fraud has obtained the permit for the rout of Balasat to Pupari.

Instead of deciding this issue of interim relief, this Court directs the State Transport Appellate Tribunal, Bihar, Patna to dispose of the appeal itself within a period of two months from the date of receipt/production of a copy of this order but, before disposing of the matter, the Appellate Authority will give an opportunity of hearing to the parties concerned.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.05.2017 Transmission Date NA