M/S Murari Auto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5076 of 2018 In Civil Writ Jurisdiction Case No.17833 of 2018 ====================================================== M/s Murari Auto, a proprietorship firm through its proprietor namely Shailendra Kumar son of Sri Krishna Murari Singh, at M/s Murari Auto, N.H.- 98, Main Road, Naubatpur, Selhouri, Post Office and Police Station Naubatpur, District Patna, Pin-801109.

... ... Petitioner/s

Versus

1. The State of Bihar through Mr. Sanjay Kumar Agarwal Secretary, Transport Department, Government Of Bihar, Patna.

2. Mr. Sanjay Kumar Agarwal, Secretary, Transport Department, Government of Bihar, Patna.

3. Smt. Seema Tripathi, the State Transport Commissioner, Transport Department, Government of Bihar, Patna.

4. Mr. Choudhary Anant Narayan, the Additional Secretary, Transport Department, Government of Bihar, Patna.

5. Sushil Kumar, the Joint Commissioner cum Regional Transport Authority, Government of Bihar, Patna.

6. Ajay Kumar Thakur, the District Transport Officer, Patna.

7. Mritunjay Kumar, the Motor Vehicle Inspector, Transport Department, Government of Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

Mr.Rajeev Shekhar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Rastogi - AAG 10 Counsel for Intervenor :

Mr. Bindhyachal Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2019 The learned Additional Advocate General Mr. A.K. Rastogi, appearing on behalf of the Transport Department, submits that the order of this Court has already been complied with inasmuch as the orders dated 27.06.2019 has been issued by the District Transport Officer, Patna with a copy to all the Transport Officers, Patna wherein it has been directed not to counter-sign on the fitness certificate and the fitness certificate

Patna High Court MJC No.5076 of 2018(5) dt.02-07-2019 2/2 issued by the petitioner, without counter-sign shall be considered to be valid for all purposes.

The learned counsel for the petitioner submits that since the aforesaid directions have been issued and since the contemnors have undertaken that the fitness certificate issued by the petitioner will be considered to be valid for all purposes, he does not wish to press the present contempt petition. Accordingly, the present contempt petition stands disposed of in light of the undertaking given by the learned Additional Advocate General and the averments made in the 2nd supplementary show cause filed in the present case dated 28.06.2019.

(Mohit Kumar Shah, J) Tiwary/- U