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Patna High CourtCWJC/1717/2010disposed

Sanjiwan Kumar Sinha v. The State Of Bihar And ORS

2020-09-22The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.912 of 2010 ====================================================== Ram Suresh Singh, S/O Late Banarsi Singh, At Chhoti Baliya, POLakhminiya, P.S- Baliya, Distt- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Transport Commissioner, Govt. Of Bihar, Patna 3.

The District Transport Officer, Begusarai ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 1717 of 2010 ====================================================== Sanjiwan Kumar Sinha, S/O Shri Rajendra Prasad, At and P.O.- Warsaliganj, P.S. Warsaliganj, Distt.- Nawadah, At Present Residing At MohallaBangmale, Hajipur, Distt.- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Transport Commissioner, Govt. Of Bihar, Patna 3.

The District Transport Officer, Vaishali, Hajipur ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 912 of 2010) For the Petitioner/s :

None For the Respondent/s :

Mr. Pawan Kumar, AC to AG (In Civil Writ Jurisdiction Case No. 1717 of 2010) For the Petitioner/s :

None For the Respondent/s :

Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-09-2020 On 9th September, 2020, we had passed the following order:- "Yesterday the matters were taken up but despite the link for hearing having been sent to

Patna High Court CWJC No.912 of 2010(8) dt.22-09-2020 2/3 the learned counsel for the petitioners none appeared. As such the matters were directed to be passed over for today. Again today none has appeared. We are informed by the Court Master that the link for hearing was forwarded to learned counsel, including Ms. Renu Jha, Advocate. Despite repeated calls none has entered appearance on behalf of petitioner.

We find that the present petitions were filed in January, 2010 and according to Sri Pawan Kumar, learned counsel for the State, perhaps, these matters have become infructuous, inasmuch as they pertain to the payment of tax under the provisions of Bihar Motor Vehicle Taxation Act, 1994 and Bihar Motor Vehicle Rules, 1994.

The petitioners have challenged the constitutional validity of the Act enacted by the State and the Rules framed therein on the ground that subject matter is to be governed by the Central Legislation and with the State not empowered to enact the legislation.

In the interest of justice, we adjourn the matters.

List on 14.9.2020."

Even despite the learned counsel having been forwarded the link and repeated calls, none has entered appearance.

Accordingly, petition is disposed of reserving

Patna High Court CWJC No.912 of 2010(8) dt.22-09-2020 3/3 liberty to the writ petitioners to revive the same if the need so arises or seek appropriate remedy in the same and subsequent cause of action in accordance with law.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U