All India Motor Transport Congress v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6316 of 2023 ====================================================== All India Motor Transport Congress Having its Head Office at 1/16A, Asaf Ali Road, New Delhi- 110002 through its State Coordinator, Bihar, Ram Ashish Rao (Male), aged about 57 years, son of Shri Jagannath Rao, resident of Jay Prakash Nagar, Road No. 14, Police Station -Muffasil, Bettiah, West Champaran, Bihar 845438.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2.
The Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.
3.
The Department of Transport Government of Bihar through Secretary (Transport), Vishwesaraiya Bhawan, Bailey Road, Patna - 800 015. 4.
The Mines Commissioner, Government of Bihar, Patna. 5.
The Under Secretary, Department of Mines and Geology, Government of Bihar, Patna.
6.
The Director, Department of Mines and Geology, Government of Bihar, Patna.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5657 of 2023 ====================================================== Bihar Truck Owners Association with its registered office at Quarter No. 4H/84- Bhutnath Road, Bahadurpur Housing Colony, Post Office- Agamkuan, Police Station- Agamkuan, District- Patna through its Secretary Deepnarayan Singh (Male), aged about 46 years, son of Shri Kripanarayan Singh, resident of Babhangama, Bhagalpur, Police Station- Bihpur and District Bhagalpur Bihar- 853201.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2.
The Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.
3.
The Department of Transport, Government of Bihar, through Secretary (Transport), Vishwesaraiya Bhawan, Bailey Road, Patna- 800015 4.
The Mines Commissioner, Government of Bihar, Patna. 5.
The Under Secretary, Department of Mines and Geology, Government of Bihar, Patna.
6.
The Director, Department of Mines and Geology, Government of Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 6316 of 2023) For the Petitioner/s :
Mr. Avinash Chandra, Advocate For the Respondent/s :
Mr. P.K. Shahi (AG)
Patna High Court CWJC No.6316 of 2023(11) dt.30-07-2024 2/2 Mr. Vikas Kumar, AC to AG Mr. Sanjiv Kumar, AC to AG For Mining :
Mr. Naresh Dikshit, Advocate Mrs. Kalpana, Advocate (In Civil Writ Jurisdiction Case No. 5657 of 2023) For the Petitioner/s :
Mr. Avinash Chandra, Advocate For the Respondent/s :
Mr. P.K. Shahi ( AG ) For Mining :
Mr. Naresh Dikshit, Advocate Mrs. Kalpana, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-07-2024 The above writ petitions are filed by Associations of Motor Transport owners challenging the compounding fee fixed by the State Government.
2. In fact, there is no locus standi for the Associations especially since the Association is not the owner of a motor vehicle. Any person who is aggrieved with the compounding fee imposed now and who has a motor vehicle could approach this Court.
3. With the above liberty, the writ petitions stand closed.
(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Harsh/- U