Rajesh Kumar And ORS v. The State Of Bihar And ORS

Patna High Court CWJC No.7454 of 2015 dt.17-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7454 of 2015 ===========================================================

1. Rajesh Kumar. Son of Late Anil Kumar Singh. Resident of Kalyanpur Kothi, Munger Road, P.S.- Jamalpur, District - Munger, Proprietor of Raj Fitness and Pollution Testing Station, N.H. 80, Safiabad, Munger.

2. Shila Kumari. Wife of Late Vijay Kumar Singh. Resident of Mohalla - Saraswati Nagar, Urwashi Cinema Road, Bettiah, Proprietor of Sri Ram Fitness Centre, Saraswati Nagar, Sarishwa Road, Bettiah.

3. Rahul Kumar Purbey. Son of Pawan Kumar Purbey. Resident of Suratganj, P.S.- Madhubani, District - Madhubani, Proprietor of Mithilanchal Fuels, Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary-cum-State Transport Commissioner, Department of Transport, Govt. of Bihar, Patna.

3. The Joint Commissioner-cum-Secretary Regional Transport Authority, Munger.

4. The Joint Commissioner-cum-Secretary Regional Transport Authority, Muzaffarpur.

5. The Joint Commissioner-cum-Secretary Regional Transport Authority, Darbhanga.

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

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate. M/s. Seema Singh, Advocate.

Mr. Arun Kumar Singh, Advocate.

For the Respondent/s : Mr. Uma Shankar, GP-4. Mr. Manish Kumar, GP-8.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-12-2015 At the out set itself, learned Senior counsel Mr. Rajendra Prasad Singh appearing for the petitioners, submits that directions have already been issued by the State Transport Commissioner, Bihar, Patna to the Joint Commissioner-cumSecretary cum Regional Transport Authority, Munger in terms of letter No. 4296 dated 31.08.2015 for renewal of licence relating to the Fitness Testing Centre of similarly situated Rajesh Kumar

Patna High Court CWJC No.7454 of 2015 dt.17-12-2015 Agrawal. It is stated that the petitioners have no objection if their cases are also considered and disposed of in the light of the aforesaid directions vide letter no. 31.08.2015.

2. In the above view of the matter, the writ petition is disposed of, granting liberty to the petitioners to approach the Principal Secretary-cum-State Transport Commissioner, Department of Transport, Govt. of Bihar, Patna (Respondent No. 2) with a fresh representation for redressal of their grievances within a period of two weeks from today. If such a representation is filed, the same shall be considered and disposed of on its own merits in accordance with law expeditiously and preferably within six weeks from the date of the representation being filed.

3. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners.

(Vikash Jain, J) Md. Ibrarul/- U