Kailash Mishra v. The State Of Bihar And ORS

Patna High Court CWJC No.9161 of 2016 dt.20-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9161 of 2016 ===========================================================

1. Kailash Mishra Son of Sri Ramakant Mishra, Resident of Village Bheriyahi Soti, PS Kanti Distt. Muzaffarpur A/P Krishnapuri Bhagawanpur, PS Sadar Dstt.- Muzaffarpur.

2. Sumant Saurav Son of Sri Kailash Mishra r/o Krishnapur Bhagwanpur P.S. Sadar Distt. Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

2. State Transport Authority Old Secretariat, Patna.

3. Chairman State Transport Authority Old Secretariat, Patna.

4. Principal Secretary Transport Department, Govt.

of Bihar, Patna Vishweshwariya, Bhawan Bailey Road, Patna.

5. Secretary cum State Transport Commissioner, Visheshwaraiya, Bhawan, Bailey Road, Patna.

.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 18391 of 2015 =========================================================== Kailash Mishra (aged about years), son of - Shri Ramakant Mihra, Resident of:- Village Soli Bheriathi, P.O. Hardashpur, P.S. Kanti, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar, through its Secretary-Cum-Transport Commissioner, Dept. of Transport, Government of Bihar, Bishwashraiya Bhawan, Baily Road, At & Distt Patna.

2. North Bihar Regional Transport Authority Muzzafarpur, P.O. and P.S. Muzzarapur, At & District Muzzafarpur.

3. Chairman, North Bihar Regional Transport Authority Muzzafarpur, through its Secretary, P.O. & P.S. Muzzafarapur, District Muzzafarpur.

4. Ritu Sharma, Wife of- Shree Ranbeer Kumar, resident of Village- Madhaul Susta, Madhopur, P.O. & P.S. Kudhni, District Muzzafarpur .... .... Respondent/s =========================================================== Appearance :

(In CWJC No.9161 of 2016) For the Petitioner/s : Mr. P.K. Sahi, Sr. Adv. For the Respondent/s : Mr. Rakesh Kumar Srivastava, AC to GP-15 (In CWJC No.18391 of 2015) For the Petitioner/s : Mr. P.K. Sahi, Sr. Adv. For the Respondent/s : Ms. Archana Minakshi, GP-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY

Patna High Court CWJC No.9161 of 2016 dt.20-03-2017 ORAL JUDGMENT Date: 20-03-2017 Heard learned counsel for the parties.

Learned counsel for the petitioners submits that so far as the inter regional permit is concerned, they would not like to press this petition on the ground that the State Authorities are not going to hold any meeting with respect to granting permit for inter regional rout. As far as the interstate permit is concerned, learned counsel for the petitioners submits that the Authorities have been granting permit without following due procedure prescribed and, as such, the petitioners may be allowed to raise all the points before the State Transport Authority.

This Court, in view of the submission made by the petitioners, both the writ applications are permitted to withdraw with a liberty to raise whatever points the petitioners like and the State Transport Authority would act in accordance with law. This Court is not giving any opinion on the merit of the cases.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.03.2017 Transmission Date