Kailash Mishra v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3172 of 2017 =========================================================== Kailash Mishra, Son of Sri Ramakant Mishra, Resident of Mohalla Krishnapuri, Bhagwanpur, Police Station- Bhagwanpur, District- Muzaffarpur. .... .... Petitioners
Versus
1. The State of Bihar through Principal Secretary, Govt. of Bihar, Transport Department, Patna.
2. North Bihar Regional Transport Authority Muzaffarpur,
3. Chairman cum Divisional Commissioner, North Bihar Regional Transport Authority, Muzaffarpur, Commissioner's Compound, Muzaffarpur.
4. Joint Transport Commissioner cum Secretary, Regional Transport Authority, Muzaffarpur.
.... .... Respondents with =========================================================== Civil Writ Jurisdiction Case No. 3463 of 2017 =========================================================== Ramesh Kumar, Son of Late Yamuna Prasad Thakur, Resident of Village Haridashpur, Kanti, P.S. Kanti, Distt.- Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Govt. of Bihar, Transport Department, Patna.
2. North Bihar Regional Transport authority, Muzaffarpur.
3. Chairman cum Divisional Commissioner, North Bihar Regional Transport Authority, Muzaffarpur Commissioner's Compound, Muzaffarpur. 4.
Joint Transport Commissioner-cum-Secretary, Regional Transport Authority, Muzaffarpur.
.... .... Respondents with =========================================================== Civil Writ Jurisdiction Case No. 4268 of 2017 =========================================================== Varun Kumar Pandey, Son of Sri Ajay Pandey, Resident of Village- Shyampur, Adapur, Motihari, Distt. East Champaran.
.... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary Govt. of Bihar, Transport Department, Patna.
2. North Bihar Regional Transport Authority, Muzaffarpur.
3. Chairman-cum-Divisional Commissioner, North Bihar, Regional Transport Authority Muzaffarpur, Commissioner's Compound, Muzaffarpur.
4. Joint Transport Commissioner-cum-Secretary Regional Transport Authority, Muzaffarpur Commissioner's Compound Muzaffarpur. .... .... Respondents =========================================================== Appearance:
(In CWJC No.3172 of 2017) For the Petitioner/s : Mr. Mukesh Kumar Singh,Adv For the Respondent/s : Mr. Ajay Kr. Rastogi- AAG 10 (In CWJC No.3463 of 2017) For the Petitioner/s : Mr. Shiopujan Singh, Adv For the Respondent/s : Smt. Anuradha Singh-SC 21 (In CWJC No.4268 of 2017) For the Petitioner/s : Mr. Mukesh Kumar Singh,Adv For the Respondent/s : Mr. Raghwendra Kumar-SC22 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-01-2018 The present writ petitions have been filed for quashing the order dated 08.12.2016 passed by the respondent no. 2, North Bihar Regional Transport Authority, Muzffarpur by which the counter signature of the permanent permit of the petitioners for their respective routes has been rejected.
2. At the very outset learned counsel for the petitioners accept that though the State Transport Appellate Tribunal, Bihar, Patna, being the appellate authority was not functioning at the time of filing of the writ petitions the same has since been constituted and is functioning now.
3. In the above view of the matter, this Court is not inclined to enter upon the merits of the matter. The writ petitions stand disposed of with liberty to the petitioners to approach the State Transport
Appellate Tribunal, Bihar, Patna by filing appropriate appeals for redressal of their grievances. If any such appeals are filed within a period of 30 days from today, the same shall be considered and disposed of on its own merits in accordance with law expeditiously.
4. It is made clear that in case such appeals are filed, the concerned authority would have regard to the present proceeding being pursued by the petitioners while considering any issue relating to condonation of delay, if applicable.
(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 08.01.2018 Transmission Date N.A.