Vijay Kumar Thakur v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9144 of 2018 ====================================================== Vijay Kumar Thakur Son of Late Ram Sarovar Thakur, Resident of Imlichatti, In front of Imlichatti Post Office, Ward No.5, Muzaffarpur, P.S.- Brahmpura, District- Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Secretary, Department of Transport, Government of Bihar, Patna.
2.
The Deputy Secretary, Department of Transport, Government of Bihar, Patna.
3.
The Chairman, Regional Transport Authority, Muzaffarpur, Office situated at Divisional Commissioner ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Jha, Advocate For the Respondent/s :
Mr. Anuj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 31-01-2023 Petitioner has prayed for the following relief(s): "(i) For issuance of an appropriate writ or writs specially in the nature of mandamus commanding and directing the respondents, specially Respondent no 1 and 2 to include the operative route namely Yadupatti to Patna (Mithapur Bus Stand) Vis Bhitta More, Sursand, Sitamarhi, Dumrawan, Prem Nagar, Garha, Runni Saidpur, Khanua Ghat, Dengraha, Pipra, Minapur, Jhapha, Dronpur, New Zeromile, Muzaffarpur bus Stand Bairia, Ram Dayalu Nagar, Fakuli, Jatkaulighat, Lalganj,
Patna High Court CWJC No.9144 of 2018(3) dt.31-01-2023 2/3 Hajipur in the list of formulated routes formulated in terms of Section 68(3)(Ca) of the M.V. Act, 1988 as communicated vide letter no 04/STA(vivid)-30//2016- Pari - 836 dated 05.02.2018, because the petitioner has been granted and issued a permanent permit no 576/2013 (Annexure-1) on the aforesaid route valid with effect from 12.11.2013 to 11.11.2018 covered with bus no BR-06PC-3052, by the Muzaffarpur Regional Transport Authority, Muzaffarpur and till date the petitioner is regularly operating his bus service on the route to the full satisfaction of travelling passengers on the route.
(ii) For issuance of writ or writs specially in the nature of mandamus commanding the directing the respondents specially Respondent no 1 and 2 to immediately dispose of the representation filed by the petitioner on 27.4.2018(Annexure-4) for inclusion of the aforesaid operative route namely Yadupatti to Patna (Mithapur Bus Stand) in terms of notification dated 5.2.2018 whereby it has been stated that in future, it any route found to be motorable, the same can be included in the list of formulated route.
(iii) For issuance of further writ in the nature of mandamus commanding and directing the Chairman, Regional Transport Authority, Muzaffarpur (Respondent no 3) not to proceed further in terms of resolution taken in the meeting of R.T.A., Muzaffarpur dated 16.4.2018
Patna High Court CWJC No.9144 of 2018(3) dt.31-01-2023 3/3 at Item No 3(iv) (Annexure-2) whereby and whereunder a direction has been issued to the existing permit holder to submit proposal for change of route on which route the bus service is being operated in terms of the permit issued to them but such route is not included in the list of formulated route by the State Government.
(iv) Issuance of any appropriate writ, rule or directions as your Lordships may deem fit and proper to the facts and circumstances of the case as well as for which the petitioners may be found entitled."
Learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition. Prayer allowed.
Petition is disposed of as withdrawn.
Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U