Jitendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3564 of 2020 ====================================================== Jitendra Chaudhary Son of Sri Sudama Chaudhary, Resident of VillageMadhaupur, P.S.-Barhariya, District-Siwan, Bihar,841232. ... ... Petitioner/s

Versus

1.

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

2.

The District Transport Officer, Gopalganj.

3.

The State Bank of India through its Branch Manager, Mauniya Chowk Branch, P.S. and District Gopalganj 4.

The Branch Manager, State Bank of India, Mauniya Chopwk, P.S. and District Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Adv.

For the Respondent/s :

Mr.Sushil Kr. Singh, AC to AAG-10 For the State Bank of India:

Mr. Kaushalesh Choudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 The present writ petition has been filed seeking the following reliefs:- "a. Issuance of a writ in the nature of Mandamus for directing and commanding the Respondent no.2 to register petitioner's Vehicle, (Scorpio Ex, bearing Engine No. GMD4B43497, Chassis No.

MAITA2GMKD2B20653 and year of manufacture 2013) which has been kept pending in blatant disregard to the expressly craved out exceptions by the Hon'ble Apex Court, in its judgment dated 29th March 2017 passed in M.C. Mehta vs. Union of India

Patna High Court CWJC No.3564 of 2020(2) dt.03-03-2020 2/3 (UOI) and Ors.

b. Issuance of a writ in the nature of Mandamus directing the respondent District Transport Authority to assess the liability of the petitioner from the date of registration as the application for registration of vehicle has been kept pending by the District Transport Officer for the last 22 months without any fault on the part of the petitioner.

c. Issuance of an appropriate writ in the nature of Mandamus directing the respondents to award compensation to the petitioner for illegally denying him registration of his vehicle and thus, causing him recurring financial loss."

The learned counsel for the petitioner seeks liberty to approach the District Transport Officer, Gopalganj for redressal of his aforesaid grievances in light of the order passed by the Hon'ble Apex Court and it is submitted that the petitioner would be annexing such order with his representation. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, the present writ petition stands disposed of as not pressed, however, with the aforesaid liberty and in case an appropriate representation is filed within four

Patna High Court CWJC No.3564 of 2020(2) dt.03-03-2020 3/3 weeks from today, the District Transport Officer, Gopalganj shall dispose of the same by a reasoned and speaking order within a period of eight weeks thereafter.

(Mohit Kumar Shah, J) Tiwary/- U