Eden Transport Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9028 of 2016 ====================================================== Eden Transport Pvt. Ltd. through its General Manager Shailendra Pandey Son of Bhasker Pandey Resident of village- Bankipur Depot, P.O. Bankipur, P.S. Gandhi Maidan, District - Patna .... .... Petitioner/s

Versus

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

2. The Administrator, Bihar State Road Transport Corporation, Patna

3. The Chief Mechanical Engineer, Bihar State Road Transport Corporation, Patna .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Abhinav Srivastava, Advocate For the Respondent/s : Mr. Prabhat Kumar Verma, Advocate For the B.S.R.T.C. : Mr. Suman Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-07-2016 Heard the parties.

The prayer of the petitioner is for an appropriate direction to the respondent no. 2, the Administrator, Bihar State Road Transport Corporation to take steps for renewal of the permits granted to the petitioner in furtherance of the agreement dated 06.7.2010, a copy of which is present at Annexure-2 and which has a validity of ten years.

Although it is the contention of learned counsel for the petitioner that in consequence of the agreement permits were issued which was valid for five years subject to renewal but no copy of such permit is on record. It is next submitted that since

Patna High Court CWJC No.9028 of 2016 (2) dt.13-07-2016 the validity of the permits was only for five years that the petitioner represented before the Administrator on 21.4.2016 and again on 25.4.2016 for renewal of the permits but which has remained pending.

Counsel for the Corporation, Mr. Suman Kumar Jha though submits that there are valid reasons for non renewal but there is no such order of refusal on record nor it is to the knowledge of the petitioner as submitted by learned counsel for the petitioner.

In the circumstances, I deem it fit and proper to dispose of the writ petition with a direction to the Administrator, Bihar State Road Transport Corporation to consider the grievance of the petitioner as reflected in the representation dated 21.4.2016, 25.4.2016 and 10.5.2016 present at Annexure-4, 5 and 6 respectively to the writ petition and dispose of the same with opportunity of hearing to the petitioner within a maximum period of six weeks from the date of receipt / production of a copy of this order.

The writ petition is disposed of accordingly. (Jyoti Saran, J) S.Sb/- U