Patna High CourtCWJC/1676/2016allowed

Ganesh Prasad Singh v. The State Of Bihar And ORS

2018-11-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1676 of 2016 ====================================================== Ganesh Prasad Singh S/o Sri Rajeshwar Pd. Singh, Resident of villagePachvinda, P.s.- Tajpur (OP- Halai), District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The Collector, Samastipur

4. The Additional Collector, Samastipur

5. The Sub-Divisional Officer, Samastipur

6. The Land Reforms Deputy Collector, Samastipur

7. The Block Development Officer, Morwa, Samastipur

8. Dipak Kumar Jha S/o Amarnath Jha, village- Udapatti, P.O.- Bathua Bujurg, P.S.- Masuri Gharari, District- Samastipur

9. Anant Kumar S/o Late Arun Kumar Jha, at post- Alloth, P.S.- Masuri Gharari, District- Samastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagnnath Singh For the Respondent/s : Mr. Nawal Kishore Singh, SC-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2018 The present writ petition has been filed for quashing the order dated 30.11.2015 passed by the Commissioner-cumChairman, Regional Transport Authority, Darbhanga whereby and whereunder the representation of the petitioner has been rejected on technicalities which was not warranted in the facts and circumstances of the present case.

It would be suffice to state that the authority has not considered the case of the petitioner on merits but has rather rejected the case on the ground that the petitioner has not filed the

Patna High Court CWJC No.1676 of 2016 (2) dt.01-11-2018 2/2 representation in time.

Having regards to the facts and circumstances of the case, the impugned order dated 30.11.2015 is quashed and the said authority is directed to decide the case of the petitioner afresh on merits within a period of four weeks' from today. The present writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U