Sushil Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5080 of 2020 ====================================================== Sushil Kumar Sharma Son of - Late Sant Bihari Sharma, Resident of - At Village- Supauli, 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.

Usha Tiwary, Wife /Daughter of - Shree Sudhakar Tiwary, Resident of - Anand Nagar P.O. and P.S. Siwan, District- Siwan. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5202 of 2020 ====================================================== Ashish Kumar Son of Anil Kumar Sharma Resident of -At Village- Supauli 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, Bailey 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.

Sujit Kumar Dubey Son of Shree Manan Dubey Resident of - Dakbanglaw Road, Mahadeva P.O. and P.S.- Siwan District- Siwan. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5339 of 2020 ====================================================== Sushil Kumar Sharma Son of Late Santi Bihari Sharma Resident of - At Village- Supauli 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

2/4 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.

Satish Kumar Dubey Son of Shree Manan Dubey Resident of Dakbanglaw Road, Mahadeva P.O. and P.S. Siwan District Siwan. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 5080 of 2020) For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Respondent/s :

Mr.Sarvesh Kumar (GP 24) (In Civil Writ Jurisdiction Case No. 5202 of 2020) For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Respondent/s :

Mr.Anil Kumar Singh (GP 26) (In Civil Writ Jurisdiction Case No. 5339 of 2020) For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Respondent/s :

Mr.Ajay Kumar Rastogi (AAG 10) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-10-2022 Petitioner (in C.W.J.C. No. 5080 of 2020) has prayed for the following relief(s):- "(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- 3) whereby one InterRegional Permanent Permit for the routeGopalganj to Patna has been granted to Respondent No. 3 on a new bus, application to that effect and without following the procedure laid down under Motor Vehicle Act.

AND Respondent No.3 being Permit P.S.T.P. 8/2020 during the pendency of this Writ Application, till the final adjudication of instant Writ Petition.

3/4 Lordship may deem fit and appropriate, in the present facts and circumstances of the case." Petitioner (in C.W.J.C. No. 5202 of 2020) has prayed for the following relief(s):- "(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- 3) whereby one InterRegional Permanent Permit for the routeGopalganj to Patna has been granted to Respondent No. 3 on a new bus, application to that effect and without following the procedure laid down under Motor Vehicle Act.

AND Respondent No.3 being Permit P.S.T.P. 6/2020 during the pendency of this Writ Application, till the final adjudication of instant Writ Petition. Lordship may deem fit and appropriate, in the present facts and circumstances of the case." Petitioner (in C.W.J.C. No. 5339 of 2020) has prayed for the following relief(s):- "(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- 3) whereby one InterRegional Permanent Permit for the routeBaherwa to Patna has been granted to Respondent No. 3 on a new bus, application to that effect and without following the procedure laid down under Motor Vehicle Act.

AND

4/4 Respondent No.3 being Permit P.S.T.P.

150/2019 during the pendency of this Writ Application, till the final adjudication of instant Writ Petition.

Lordship may deem fit and appropriate, in the present facts and circumstances of the case." It is not in dispute before us that the private respondents have surrendered the licence.

As such, petitions are not pressed as having become infructuous.

Interlocutory Application(s), if any, shall stand disposed of.

Original record received be returned.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U