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Patna High CourtCWJC/10183/2021disposed

Ajit Kumar Mitruka @ Ajit Mitruka v. The State Of Bihar

2021-08-26The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10183 of 2021 ====================================================== Ajit Kumar Mitruka @ Ajit Mitruka Son of Kedar Nath Mitruka, resident of Nehru Road, Khalpara, near Shankar More, Siliguri, District-Darjeeling (West Bengal) at present 42 M.G. Road, Khalpara, Siliguri, District-Darjeeling (West Bengal).

... ... Petitioner/s

Versus

1.

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

2.

State Transport Authority, Bihar through its Secretary, office situated at Vishveshwaraiya Bhawan, Bailey Road, Patna.

3.

The Chairman, State Transport Authority, BIhar, office situated at Vishveshwaraiya Bhawan, Bailey Road, Patna.

4.

State Transport Commissioner, Transport Department, Government of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna.

5.

Secretary, Transport Department, Government of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna.

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

For the Petitioner/s :

Mr.Randhir Kumar Singh, Advocate Mr. Manoj Kumar Panday, Advocate Mr. Akshya Sinha, Advocate For the Respondent/s :

Mrs. Anuradha Singh, SC 21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 26-08-2021 Petitioner has prayed for the following relief(s):-

2/4

3/4 Learned counsel for the petitioner states that the petitioner shall be content if a direction is issued to respondent No. 2 to positively consider and decide the petitioner's application pending for counter signature since 24th of June, 2016.

Mrs. Anuradha Singh, learned counsel for the respondents, states that the said application shall positively be considered and decided on merits in accordance with law positively within a period of four weeks.

Learned counsel for the petitioner states that petitioner is not required to pay any additional amount, more so in the light of the decision rendered by a Co-ordinate Bench of this Court in the case of Yamuna Singh Vs. The State of Bihar & Ors., reported in 2016(2) PLJR 453.

Well, in our considered view, this issue needs to be considered by the appropriate authority and if the petitioner's case is squarely covered vide ratio laid in the said case, surely, the same would apply to the petitioner's case. We direct disposal of the application positively within a period of four weeks from today. Also, we direct the petitioner to appear before respondent No. 2, namely State Transport Authority, Bihar, Patna in his office on 20th of

4/4 September, 2021 at 10:30 a.m. and place entire material in support of his contentions/case.

Mrs. Anuradha Singh, learned counsel for the respondents, states that petitioner would have no difficulty in the decision of the application.

Statement accepted and taken on record.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 04.09.2021 Transmission Date