Anil Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5211 of 2020 ====================================================== Anil Kumar Sharma, Son of Late Sant Bihari Sharma, Resident of At VillageSupauli, P.O.- Itawa, P.S.- Panchrukhi, District- Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar through its Secretary-cum-Transport Commissioner, Dept. of Transport, Government of Bihar, Bishwashraiya Bhawan, Baily Road, P.O. and P.S.- Patna, District Patna 2.
Chairman, Regional Transport Authority, Saran Division, Office at Chapra, P.O. and P.S.- Chapra Town, District- Chapra 3.
Sinky Singh, Wife of Shree Nitesh Kumar, Resident of At Village- Maithani Nain, P.O. and P.S.- Maithani Madho, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey, Advocate For the Respondent/s :
Mr. Anuradha Singh, SC-21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-10-2022 Heard learned counsel for the parties.
The petitioner has prayed for the following relief/s :- "1. That, this is an application for issuance of appropriate writ/ writs, order/ orders or direction / directions, in the nature of Writ of Certiorari:- (a) for quashing of proceeding of Authority dated 21.11.2019 signed on 10.12.2019 issued vide memo no.372 dated 11.12.2019 (Annexure-2) whereby one Inter-Regional Permanent Permit for the route- Baherwa to Patna has been granted
Patna High Court CWJC No.5211 of 2020 dt.10-10-2022 2/3 to Respondent No.3 on a new bus , without any application to that effect and without following the procedure laid down under Motor Vehicle Act AND (b) For stay of the operation of the Annexure-2 by which permit issued to Respondent No.3 being Permit P.S.T.P.
162/ 2019 during the pendency of this Writ Application, till the final adjudication of instant Writ Petition.
AND / OR (c) For any other relief/s, as Your Lordship may deem fit and appropriate, in the present facts and circumstances of the case."
After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies as are otherwise permissible and admissible in accordance with law as also represent to the appropriate authority, venting out the grievances, subject-matter of the present petition.
Prayer allowed. Liberty, as prayed for, is granted. Without expressing any opinion on merits, leaving all questions of fact and law open, the present petition is disposed of as withdrawn with the liberty aforesaid.
We expect that the appropriate authority shall consider and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of its
Patna High Court CWJC No.5211 of 2020 dt.10-10-2022 3/3 presentation.
Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) Vikash/Ashwini AFR/NAFR NA CAV DATE NA Uploading Date 11/10/2022 Transmission Date NA