Sita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22174 of 2014 ======================================================

1. Sita Devi wife of Sri Pramod Kumar R/o 24 Vivek Bihar, P.O. + P.S. - Bahadurpur, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department of Transport, Govt. of Bihar, Patna.

2. South Bihar Regional Transport Authority, Patna through Secretary.

3. Secretary, South Bihar Regional Transport Authority, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Pandey For the Respondents : Mr. Madhuresh Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and the State. This is the second round of litigation by the petitioner seeking a direction upon the respondent- Transport authority to grant a particular route. Earlier his prayer for grant of route touching or originating from Patna junction was considered and rejected for the reasons stated therein. Aggrieved thereby the petitioner filed the writ petition in which no substantive relief was granted to her. However, in the concluding part of the order this court permitted the petitioner to approach the authority once again with an amended route portion. It is stated that the amended route position was not from the Patna junction but from a place which is close to Patna Junction. The authority by the impugned order

Patna High Court CWJC No.22174 of 2014 (5) dt.29-07-2015 2/2 (Anneure-4) rejected the said prayer of the petitioner. Indisputably, the writ petitioner has remedy of filing an appeal thereagainst before the Tribunal. Although there is a pleading in the writ petition that the State Transport Appellate Tribunal ( for short 'the Tribunal') is not functioning owing to non posting of the Presiding Officer but learned counsel has fairly informed the Court that recently a Presiding Officer has been posted and Tribunal is likely to be functioning very soon. Considering the aforesaid, this Court disposes of the application by permitting the petitioner to file an appeal against the order impugned before the Tribunal. Needless to observe, if any such appeal is filed without much loss of time, the Tribunal shall consider the appeal and dispose of the same as quickly as possible in accordance with law. Further, liberty is granted to the petitioner to raise all issues as raised herein before the Tribunal for consideration and disposal.

(Kishore Kumar Mandal, J) Shyam/- U