Raj Nath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8093 of 2017 ====================================================== Raj Nath Prasad Son of late S.Prasad residing at Punai Chak, P.S. Shastrinagar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Hon'ble Minister Bihar State Transport.

3. The Principal Secretary State Transport Bihar, Patna

4. The Commissioner State Transport Bihar Patna.

5. The Joint Commissioner Cum-Secretary Magadh Regional Transport Authority, Gaya.

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

For the Petitioner/s : Mr. Abhinay Raj For the Respondent/s : Mr. Anil Kumar Singh-Gp26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2018 The learned counsel for the parties are in agreement that as per Rule 28 of the Bihar CCA Rule, 2005 revision would lie before the Hon'ble Minister against the appellate order dated 2.4.2012 as well as the original order dated 5.1.2010. However, the respondents had rejected the revision petition of the petitioner herein by an order dated 19.11.2014 on the ground that no second appeal lies.

Having regard to the facts and circumstances of the case as well as in view of the provision contained in Rule 28 of the Bihar CCA Rule, 2005, I deem it fit and proper to quash the order dated 19.11.2014 and direct the revisional authority to decide the revision petition of the petitioner within a period of six weeks

Patna High Court CWJC No.8093 of 2017 (2) dt.12-04-2018 2/2 from today.

In order to facilitate quick disposal of the revision petition, the petitioner is directed to file a revision petition before the revisional authority within four weeks from today. The writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U