Rabindra Nath Chaubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3913 of 2017 ===========================================================

1. Rabindra Nath Chaubey S/o Late Vishnu Chaubey at Mananpur, P.O. and P.S. Govindganj, Dist. - East Champaran.

.... .... Petitioner/s

Versus

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

2. Regional Transport Authority Muzaffarpur through Secretary.

3. Chairman, Regional Transport Authority, Muzaffarpur.

4. Om Prakash Tiwari S/o Late Pandit Tiwari Village - Sangrampur, P.S. - Sangrampur Dist. - East Champaran.

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

For the Petitioner/s : Mr. Pramod Kumar For the State : Mr. Anuj Kumar, AC to GP 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 11-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is challenging the order dated 13.12.2016 passed by the Regional Transport Authority, Muzaffapur by which the permanent stage carriage permit of the of the petitioner for route Mangalpur to Mithapur Patna has been cancelled.

Petitioner was granted valid permit for the route Chapra to Mohammadpur from 16.7.2011 to 15.7.2016 and in the meantime he has applied for fresh permit for the route Mangalpur to Mithapur Patna via Tehua, Gheri, Misrain Tola,

Patna High Court CWJC No.3913 of 2017 dt.11-04-2017 Malai Balua, Areraj, Kesariya, Shahebganj, Debaria, Lalganj, Hajipur. Permit has been cancelled on the ground that without surrendering the first permit he has obtained the second permit. Against that petitioner he has filed an appeal vide TA Case No.1 of 2017 which is pending.

Learned counsel for the petitioner submits that interim relief should be granted and petitioner should also be allowed to ply the vehicle.

As already appeal is pending in such view of the matter this Court refrains to pass the order inasmuch as interim order. The appellate authority is directed to dispose of the appeal within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.4.2017 Transmission Date NA