M/S Ashish Motors v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7168 of 2022 ====================================================== M/S Ashish Motors through one of its Partner namely Vinay Agarwal, (Male), aged about 59 Years, Son of Late Ram Sharan Agarwal, Resident of Ram Krishna Mission Road, P.S.- Katihar, District- Katihar. At present Resident of N- 4, 3rd floor, Kailash Colony, P.S. Greater Kailash- 1, District- South Delhi, New Delhi- 110048.

... ... Petitioner/s

Versus

1.

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

2.

The Transport Commissioner, Government of Bihar, Patna. 3.

The Deputy Secretary, Transport Department, Government of Bihar, Patna. 4.

The District Transport Officer, Katihar.

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Anish Kumar, Advocate Mr. Shankar Kumar Choudhary, Advocate Mr. K. C. Jha, Advocate, Advocate For the Respondent/s :

Mr. Manoj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-07-2022 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

2/4

3/4 We are of the considered view that the impugned order dated 24th of March, 2022, passed by respondent No.4, namely, the District Transport Officer, Katihar (Annexure -8, Page -63) needs to be quashed and set aside, moreso, for the reason that the authority has not only passed the order in violation of the order passed by this Court in CWJC No. 14679 of 2021, titled as M/S Ashish Motors Vs. the State of Bihar and Ors. (Page-59), but also each one of the contentions raised by the petitioner has neither been referred to nor dealt with

4/4 As such, on this short ground alone, we quash and set aside the order dated 24th of March, 2022, passed by respondent No.4, namely, the District Transport Officer, Katihar (Annexure -8, Page -63), directing the authority concerned to pass a detailed order containing reasons adequate enough justifying passing of the order be it any which way.

Petitioner shall make himself available with the authority on 12th of August, 2022 and within two months therefrom the order shall be passed.

The order assigning reasons must be communicated to the petitioner The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 30.07.2022 Transmission Date