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Patna High CourtCWJC/5506/2019withdrawn

Bihar Motor Transport Federation Through Its President Sri Jagannath Prasad Singh v. The State Of Bihar And ORS

2022-10-17The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5506 of 2019 ====================================================== Bihar Motor Transport Federation through its President Sri Jagannath Prasad Singh Son of Late Arvind Kumar Singh office situated at Pandey Plaza, 2nd Floor, Exhibition Road, Patna.

... ... Petitioner/s

Versus

1.

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

2.

State Transport Authority, Bihar, Patna through its Secretary, Department of Transport, Bihar.

3.

Regional Transport Authority, Patna through its Joint Commissioner cum Secretary, office situated at Divisional Commissioner's Compound, Patna. 4.

Regional Transport Authority, Gaya through its Joint Commissioner cum Secretary, office situated at Divisional Commissioner's Compound, Gaya. 5.

Regional Transport Authority, Munger through its Joint Commissioner cum Secretary, office situated at Divisional Commissioner's Compound, Munger. 6.

Bihar State Road Transport Corporation, through its Administrator, office situated at Bir Chand Patel Path, Patna.

7.

Chief of Operation, Bihar State Road Transport Corporation, office situated at Bir Chand Patel Path, Patna.

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

For the Petitioner/s :

Mr.Ajay Kumar Jha, Advocate For the Respondent/s :

Mr.Sarvesh Kumar, GP-24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

Patna High Court CWJC No.5506 of 2019(2) dt.17-10-2022 2/3 (Per: HONOURABLE THE CHIEF JUSTICE) 17-10-2022 The petitioner has prayed for the following relief/s :; "(i)For issuance of an appropriate writ, rule or direction in the nature of writ of certiorari to quash the Tender Notice published by Bihar State Road Transport Corporation (For short hereinafter referred as BSRTC) (Respondent No. 6 and 7 ) dated 25.01.

2019 contained in Annexure-3 to this petition, whereby and whereunder they have invited tender for plying stage carriage bus service on the routes mentioned in the Tender Notice in 16 number of inter regional routes under PPP mode scheme when the said routes is neither notified route for complete exclusion of private operators nor the said routes have been formulated by the State Government as per provision under Section 68(3) (ca) of the M.V. Act, 1988, therefore the aforesaid tender notice is illegal and fit to be quashed. (ii) To direct the State Transport Authority, Bihar, Regional Transport Authority, Patna, Gaya and Munger not to consider any application for grant of permanent permit on the aforesaid routes mentioned in the Tender Notice of BSRTC dated 25.1.

2019 since these routes have neither notified nor formulated in terms of section 68(3) (ca) of the M.V. Act, 1988. (iii) And/or grant such other relief or reliefs as deem fit and proper in the interest of justice." Since the grievance of the petitioner stands redressed, learned counsel for the petitioner seeks permission to withdraw the present petition as it has now become infructuous.

Patna High Court CWJC No.5506 of 2019(2) dt.17-10-2022 3/3 Permission granted.

Present petition stands disposed of as withdrawn having become infructuous.

Interlocutory application, if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit U