Bihar Truck Owner Association v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10279 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 47 years, son of Shri Kripanarayan Singh, resident of Babhangama, Bhagalpur, Police Station - Bihpur and District Bhagalpur Bihar - 853201.
... ... Petitioner/s
Versus
1.
Union of India Through its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, New Delhi - 01.
2.
The State of Bihar Through Secretary (Transport), Vishwesaraiya Bhawan, Bailey road, Patna- 800015.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7134 of 2022 ====================================================== 1.
Bihar Truck Owner Association Office at Quarter No. 4H/84, Bhootnath Road Housing Colony, Patna, Through State Secretary Dipnarayan Singh. 2.
Rahul Kumar Son of- Sri Ram Milan Singh, Village and Post- Bihat, Police Station- Barauni, District- Begusarai 3.
Bhola Kumar Son of- Rajendra Chaudhry, Ward No. 11, Police StationBachwara, District- Begusarai. 4.
Shashi Kant Kumar Son of- Jai Jai Ram Pandit, at Ward No. 12, Near Kali Mandir, Police Station- Puraini, District- Madhepura. 5.
Ram Balak Mahato Son of Vano Mahato Address- Simariya Ghat Bind Toli, P.S.- Barauni, Begusarai.
6.
Ram Prit Singh son of Late Ram Sumran Singh Address- Bihat, P.S.- Barauni, Begusarai.
... ... Petitioner/s
Versus
1.
The Union of India through Secretary Department of Road Transport and Highways Transport Bhawan, Parliament Street New Delhi- 1 2.
The Joint Secretary, Department of Road Transport, Government of India, New Delhi- 1.
3.
The State of Bihar through Principal Secretary Department of Transport Government of Bihar, Patna- 1 4.
The Transport Commissioner, Government of Bihar, Patna- 1. 5.
The District Transport Office Patna.
6.
The District Transport Office, Madhepura District Madhepura.
Patna High Court CWJC No.10279 of 2023(8) dt.13-05-2024 2/2 7.
The District Transport Officer, Begusarai.
8.
The District Transport Officer, Purnia.
... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 10279 of 2023) For the Petitioner/s :
Mr.Apurva Kumar, Advocate For the Respondent/s :
Mr.Kanak Verma, CGC Mr.Anshay Bahadur Mathur, CGC (In Civil Writ Jurisdiction Case No. 7134 of 2022) For the Petitioner/s :
Mr.Apurva Kumar, Advocate For the Respondent/s :
Mr.Kanak Verma, CGC Mr.Anshay Bahadur Mathur, CGC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-05-2024 An association has approached this Court with a writ petition challenging a notification which has enhanced the fees for renewal of the registration.
2. We are of the opinion that an association cannot invoke jurisdiction under Article 226 of the Constitution of India, especially since it is not a registered association and the details of the members are also not disclosed.
3. We find absolutely no reason to entertain the writ petition and dismiss the same.
(K. Vinod Chandran, CJ) ( Harish Kumar, J) Anushka/- U