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Patna High CourtCWJC/3315/2017disposed

Narendra Singh v. The State Of Bihar And ORS

2017-05-16Mr. Justice Sudhir Singh,The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3315 of 2017 ===========================================================

1. Narendra Singh Son of Late Shyam Sundar Singh Resident of Pahar Kothi, P.O. - Jasidih, P.S. - Jasidih, District - Deoghar, Jharkhand. .... .... Petitioner/s

Versus

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

2. State Transport Authority, Bihar, through its Secretary, Office situated at Bishweshwaraiya Bhawan, Bailey Road, Patna.

3. The Chairman, State Transport Authority, Bihar, Office situated at Bishweshwaraiya Bhawan, Bailey Road, Patna.

4. State Transport Commissioner, Transport Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

5. Deputy Secretary, Transport Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

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

For the Petitioner/s : Mr. Ajay Kumar Jha For the Respondent/s : Mr. SARVESH KUMAR-GP24 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 16-05-2017 Petitioner was granted State Carriage Permit by the Government of Jharkhand. The permit No.P.St.S-35/16, Annexure1, for the vehicle in question valid for the period 7.6.2016 to 16.6.2021. The permit was granted to the petitioner on the basis of

Patna High Court CWJC No.3315 of 2017 dt.16-05-2017 2/3 an inter State agreement and after grant of permit petitioner submitted an application for counter signature of the same before the State Transport Authority, Bihar.

The grievance of the petitioner is that the application for counter signature was submitted to the authorities in the State of Bihar on 21.6.2016, but till date the matter is kept pending and the authorities of the State of Bihar have not taken any action for counter signing the permit or taking action in accordance with law for the permit in question.

Keeping in view the aforesaid grievance of the petitioner, for the present, without entering into the controversy on merit, the petitioner is directed that on the petitioner filing a certified copy of this order along with relevant documents, respondent No.2, the State Transport Authority, Bihar, shall consider the claim of the petitioner for counter signature on the permit in question and countersign it, if permissible under law, within one month and it would be incumbent upon the respondents to comply the order and communicate to the petitioner during the aforesaid period.

Needless to emphasize, if the petitioner is aggrieved by the action of the respondents, the petitioner shall have liberty to take

Patna High Court CWJC No.3315 of 2017 dt.16-05-2017 3/3 recourse to such procedure, as may be permissible under law. With the aforesaid, the petition is disposed of. (Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.5.2017 Transmission Date N/A