Nagrik Adhikar Surakasha Samitti v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12450 of 2015 =========================================================== Nagrik Adhikar Surakasha Samitti, Begusarai through its President Bashistha Kumar Ambastha S/o Late Ramdeo Prasad Sinha, Resident of Mohalla - Chitragupta Nagar Pokharia, P.S. - Begusarai Town, District - Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Department of Transport, Bihar, Patna.
3. The Commissioner, Munger Division, Munger.
4. The Collector, Begusarai.
5. The Superintendent of Police, Begusarai.
6. The District Transport Office, Begusarai.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner : Mr. Amrendra Kumar Sinha No.-1, Advocate For the State : Mr. P.K. Verma, AAG-3 Mr. S.K. Sharma, AC to AAG-3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-04-2017 This petition has been filed in public interest and it is canvassed in the public interest litigation that the Divisional Transport Authority, Munger is not taking any action. Various buses and public transport vehicles are running in the entire district without proper registration and in contravention of the Motor Vehicles Act. If that be so, the petitioner should come out with specific details indicating which are the vehicles, what are the nature of the vehicles and how the petitioner says that they are plying on the road in violation to the statutory provisions by filing a public interest litigation in a vague and unspecific manner.
Without giving any such particulars, we are not going to
Patna High Court CWJC No.12450 of 2015 dt.24-04-2017 2/2 interfere into the matter and conduct roving enquiry and redress the grievance of the petitioner.
If the petitioner is really a public spirited person, he should take recourse to conduct a research into the matter, obtain specific instructions, thereafter seek information under the Right to Information Act and point out to this Court specific instances of vehicles plying without proper permit or without complying with the provisions of the Motor Vehicles Act and it is only when such details are available that judicial notice can be taken and interference made in a public interest litigation. In a petition filed without any details or which is vague, we are not inclined to conduct any roving enquiry and interfere into the matter.
Granting liberty to the petitioner to conduct research, collect information and then file properly constituted public interest litigation with specific details, we dismiss the writ petition. (Rajendra Menon, CJ) (Sudhir Singh, J) Narendra/- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 01.05.2017 Transmission Date