Rajdeo Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5827 of 2018 =========================================================== Rajdeo Paswan, S/o Late Krishnadeo Paswan, At - Rashulpur, Ahiyapur, P.S. Ahiyapur, District Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Transport Department, Govt. of Bihar, Patna , Bisweshraiya Bhawan, Bailey Road, Patna.

2. North Bihar Regional Transport Authority Muzaffarpur, Commissioner's Compound Muzaffarpur.

3. The Chairman-cum-Divisional Commissioner, North Bihar Regional Transport Authority Muzaffarpur, Patna.

4. Secretary, North Bihar Regional Transport Authority Muzaffarpur, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. P.K. Shahi, Sr. Advocate Mr. Mukesh Kumar Singh, Advocate For the Respondents : Mr. Sarvesh Kumar- GP24 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-04-2018 The present writ petition has been filed for a direction upon the respondent-North Bihar Regional Transport Authority Muzaffarpur, (Respondent No. 2) to not consider the application for Inter Regional or Regional Permanent Stage Carriage Permit without following the procedure of Section 68(3)(ca) of the Motor Vehicles Act and Rule 66(2) and 67(11) of the Motor Vehicles Rule.

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 29.04.2017 (Annexure-6) filed before the Chairman, North Bihar Regional Transport Authority Muzaffarpur, (Respondent No. 3) is directed to be disposed of, in which event, the present writ petition

Patna High Court CWJC No.5827 of 2018 dt.06-04-2018 2/2 need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Chairman, North Bihar Regional Transport Authority Muzaffarpur, (Respondent No. 3) to consider and dispose of the petitioner's representation dated 29.04.20117 (Annexure-6), if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.04.2018 Transmission Date N.A.