Thakur Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6515 of 2019 ====================================================== 1.

Thakur Vijay Kumar Singh, S/o Thakur Shiv Kumar Singh Vill. and P.O.- Berua, P.S.- Gaighat, District- Muzaffarpur.

2.

Shrawan Kumar Singh, S/o Uma Shankar Singh At- Vill. and P.O.- Beruari, P.S.- Gaighat, District- Muzaffarpur.

3.

Sumant Saurav, S/o Kailash Mishra At- Bhagwanpur, Muzaffarpur, P.S.- Sadar, Distt.- Muzaffarpur.

4.

Anil kumar Singh, S/o Late Ram Kalevar Singh At and P.O.- Beruari, P.S.- Gaighat, District- Muzaffarpur.

5.

Sheet Basant Transport Company Pvt. Ltd. Through its propertitor, Sumant Saurav, At- Kanti, P.S.- Kanti, district- Muzaffarpur. 6.

Sumukh Saurav, S/o Shri Kailash Mishra At- Bhagwanpur, P.S.- Sadar, district- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

State Transport Authority Bihar, Patna at Vishweshwaraiya Bhawan, Bailey Road, Patna.

3.

Chairman State Transport Authority, Bihar, Patna. 4.

Secretary State Transport Authority, Bihar, Patna at Vishweshwaraiya Bhawan, Bailey Road, Patna.

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Advocate For the Respondent/s :

Mr. Bishwa Bibhuti Kumar Singh, AC to AG.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-10-2022 Petitioners have prayed for the following relief(s):- "That this is an application to pass appropriate, writ or writs, order or orders, and direction or directions in the route of mandamus directing upon

Patna High Court CWJC No.6515 of 2019 dt.17-10-2022 2/3 the Respondents to not grant/issue the permanent inter-state stage carriage permits on the route, 1. Madhubani to Bokaro at (item no. K-70) of the agenda, 2. Darbhanga to Tata, (K-67), 3. Sitamarhi to Tata (item no. K-60), 4. Motihari to Tata (K-56), 5. Raxaul to Tata, (k-57) and 6. Betiah to Tata (K-58), which has been placed in the state transport authority meeting on 01.03.2019."

In view of the response filed by the State, as indicated therein, petitioner shall prefer an appeal before the competent authority.

Needless to add, if the petitioner were to prefer an appeal within a period of four weeks, the issue of limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing.

We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.

We clarify that we have not expressed any opinion on facts and law. All issues are left open.

Learned counsel for the parties undertake not to take any unnecessary adjournment in such proceedings. The present petition stands disposed of with the

Patna High Court CWJC No.6515 of 2019 dt.17-10-2022 3/3 liberty aforesaid.

Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashiwini AFR/NAFR CAV DATE Uploading Date 21.10.2022 Transmission Date