Jai Shankar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2669 of 2015 =========================================================== Jai Shankar Prasad Singh Son of Late Ram Janam Singh Resident of Prabhat Nagar Colony, Bhagwanpur Chowk, P.S. Sadar, Muzaffarpur, P.O. and District - Muzaffarpur .... .... Petitioner/s

Versus

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

2. Member, Board of Revenue cum Chairman, State Transport Authority, Bihar, Patna office Situated at Old Secretariat, Bailey Road, Patna

3. State Transport Authority, Bihar through its Secretary, Bisheshwaraiya Bhawan, Bailey Road, Patna

4. Darbhanga Regional Transport Authority, Darbhanga through its Secretary cum Joint Transport Commissioner, Commissioner Compound, Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Jha For the Respondent/s : Mr. Sandeep Kumar (GA8) =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 20-03-2017 Heard learned counsel for the petitioner and counsel for the State as also counsel for the Intervenor.

In the present case, the question relates to granting permit with respect to inter regional rout or regional rout. It is an admitted fact that as on today no permit is under challenge with respect to inter regional rout or regional rout. A grievance has been made by the petitioner that in terms of Rule 68(3)(Ca) of the M.V. Act, 1988, a permit can be granted only after due formulation of rout by the State Government. Stand has been

Patna High Court CWJC No.2669 of 2015 dt.20-03-2017 taken by the petitioner that no such formulation of rout for granting permit has been made by the State Government and, as such, the permit cannot be granted to stake holder.

There is no cause of action for this writ petition as it is not a case of the petitioner that any permit has been granted to any individual or group of person by the State Authority without formulation of rout. The petitioner is at liberty to raise all the points at appropriate stage as is available to him in law. The Intervenor respondent will also have equal liberty to raise all the points at an appropriate stage and the S.T.A. Authority, if raised, will be obliged to consider the respective objections and, after due consideration, will take action in accordance with law.

This writ application is, accordingly, disposed of. (Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.03.2017 Transmission Date