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Patna High CourtCWJC/4861/2020disposed

M/S Aditya Multicom Private Limited v. The Union Of India

2022-10-10The Chief Justice -,Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4861 of 2020 ====================================================== M/s Aditya Multicom Private Limited a Company Incorporated under the provisions of the Companies Act, 1956, having its registered office at 12, Waterloo Street, 2nd Floor, Kolkata-700069, through its Authorized Signatory, Kamlesh Gaurav @ Kamlesh Gouaraw, aged about 29 years (Male), son of Shri Surendra Singh, resident of 86, Thana Pakridayal, Rajepur Nawada, Kotwa, Hussaini, District Purbi Champaran, Bihar ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Department Ministry of Road and Surface Transport, North Block, New Delhi - 110001 2.

The State of Bihar, through the Chief Secretary, Government of Bihar, Patna 3.

The Principal Secretary, Road Construction Department, Government of Bihar, Patna 4.

The Principal Secretary, Department of Transport, Government of Bihar, Patna 5.

The Principal Secretary, Department of Mines and Geology, Government of Bihar, patna 6.

The Deputy Secretary, Department of Transport, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Samdarshi, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 For the UOI :

Ms. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-10-2022 Petitioner has prayed for following relief(s) : - i) Quashing of the part of order bearing Memo No. 1415 dated 18.02.2020 (Annexure-1) issued by the Deputy Secretary, Department of Transport, Government of Bihar, Patna to the extent it prohibits in the entire State of Bihar, the use of Trucks with more than 14 wheels for the purposes of lifting and transportation of Sand;

ii) A declaration that there is no legal impediment in the use of the Trucks for transportation of Sand

Patna High Court CWJC No.4861 of 2020 dt.10-10-2022 2/2 so long as the transportation is in terms of the permit issued by the Transport Department; and iii) Restraining the Respondent from giving effect to the impugned part of the order contained in Memo No. 1415 dated 18.02.2020 (Annexure-1) as impugned in the present writ petition during the pendency of the present Writ petition; and for any other relief or relief to which the petitioner is found entitled."

The present petition has become infructuous in terms of order dated 25.04.2022 passed in CWJC No.4310 of 2021, titled as Bihar Truck Owner Association vs. the State of Bihar and Ors. and its analogous cases.

As such, the present petition stands disposed of as it has become infructuous.

Interlocutory Application, if any, also stands disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) Ashwini/chn AFR/NAFR CAV DATE Uploading Date 12.10.2022 Transmission Date