Yatri Vahan Karmachari Chalak-Upchalak Sangh, Katihar And ANR. v. The State Of Bihar Through Secretary, Transport Department, Govt. Of Bihar, Patna And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.960 of 2015 ======================================================
1. Yatri Vahan Karmachari Chalak-upchalak Sangh, Katihar having its Head Office at Mirchaibari, Nababganj, Sub- Division- Manihari, District- Katihar through its President Raja Ram Yadav son of Late Mahabir Yadav, resident of village- Ward No.12, P.S. Nagar Sahayak District- Katihar.
2. Pramod Kumar Sinha son of Late Lakhan Lal Sinha at present Sadasya Pramukh, Yatri Vahan Karmachari Chalak-Upchalak Sangh, Katihar having its Head Office Mirchaibari, Nababganj, District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar through Secretary, Transport Department, Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, Old Secretariat, Patna.
3. Deputy Inspector General of Police, Purnia Region, Purnea.
4. Superintendent of Police, Katihar, District- Katihar.
5. Officer-in-charge, Town Thana, Katihar, District- Katihar.
6. Officer-in-charge, Kodha Thana, Kodha, District- Katihar.
7. Divisional Commissioner, Purnea Division, District- Purnea. 8.Regional Transport Authority, Purnea, District Purnea through its Commissioner.
9. District Magistrate, Katihar District Katihar.
10. District Transport Officer, Katihar, District Katihar.
11. Municipal Commissioner, Municipal Corporation, Katihar, District Katihar.
12. Joint Commissioner-cum-Secretary, Regional Transport Authority, Purnea. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Durga Nand Jha, Advocate For the Respondent/s : Mr. Arvind Kumar-II, S.C.-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-07-2016 The prayer of the petitioners in the present application in paragraph 1 is as under:- "1.That the petitioners in the present writ application seeks the following reliefs:
(i)Issuance of a writ in the nature of Mandamus directing and commanding the Respondents to allow the petitioners to work and perform their aims and objects as described in the byelaws/regulation/Rules of the Sangh as approved by the government in its Labour Resources Department and thereby to restrain the respondents from interfering in the workings of
Patna High Court Cr. WJC No.960 of 2015 (3) dt.21-07-2016 2/2 the petitioner Sangh by opening its offices at appropriate places and its fundamental rights as guaranteed by the Constitution of India must not be allowed to be infringed.
(ii)For issuance of appropriate direction to Respondents 2 to 4 to restrain the Respondents 5 and 6 from raising any objection to petitioner Sangh from opening its branch at appropriate places to perform its duty in pursuant to Govt. decision issued vide letter no.6-06/35/2879 dated 20.8.2001 in order to smooth running of the vehicles in the District.
(iii)For issuance of a consequential writ in the nature of certiorari for quashing the direction issued by the Officer-in-charge, Kodha Police Station, Respondent no.6 whereby and where under the petitioner Sangh has been directed to close its office and they have been threatened for their arrest and proceeding and also to quash the consequential proceeding if any started by Respondent no.6.
(iv) Any other relief or reliefs be granted to petitioners to which they are found to be entitled to."
In view of the submissions made in paragraph 8 of the counter affidavit submitted by the State, learned counsel for the petitioners seeks leave to withdraw the present application in order to file their representation afresh before the Superintendent of Police, Katihar.
Leave is granted.
The application is disposed of as withdrawn.
(Ashwani Kumar Singh, J) Md.S./- U T