Anil Shahi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.909 of 2015 =========================================================== Anil Shahi Son of Late Ramaji Shahi, resident of Village - Balathari, P.O. Balathari, P.S. Kuchaikot, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna

3. Ministry of Road Transport Corporation, Government of Bihar, Patna

4. The Principal Secretary, Department of Transport, Government of BIhar, Patna

5. Additional Transport Commissioner, Government of Bihar, Patna

6. The Regional Transport Officer, Saran

7. District Magistrate, Gopalganj

8. District Transport Officer, Gopalganj

9. Motor Vehicle Inspector, Bahthari Check Post, Gopalganj

10. Chairman, Nagar Parishad, Gopalganj

11. Rajendra Bus Stand through its Contractor, Nagar Parishad, Gopalganj

12. Commissioner, Chapra, Saran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Jai Vardhan Narayan, Advocate For the State : Mr. P.K. Verma, AAG-3 Ms. Divya Verma, AC to AAG-3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-04-2017 This petition has been filed in public interest and it is canvassed in the public interest litigation that thousand of vehicles in the entire State of Bihar particularly in the district in question are running without proper registration and in contravention of the Motor Vehicles Act.

If that be so, the petitioner should come out with specific details indicating which are the vehicles, what are the nature of the vehicles and how the petitioner says that they are plying on the road in violation to the statutory provisions by filing a public interest

Patna High Court CWJC No.909 of 2015 dt.24-04-2017 2/2 litigation in a vague and unspecific manner.

Without giving any such particulars, we are not going to interfere into the matter and conduct roving enquiry and redress the grievance of the petitioner.

If the petitioner is really a public spirited person, he should take recourse to conduct a research into the matter, obtain specific instructions, thereafter seek information under the Right to Information Act and point out to this Court specific instances of vehicles plying without proper permit or without complying with the provisions of the Motor Vehicles Act and it is only when such details are available that judicial notice can be taken and interference made in a public interest litigation. In a petition filed without any details or which is vague, we are not inclined to conduct any roving enquiry and interfere into the matter.

Granting liberty to the petitioner to conduct research, collect information and then file properly constituted public interest litigation with specific details, we dismiss the writ petition. (Rajendra Menon, CJ) (Sudhir Singh, J) AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 01.05.2017 Transmission Date Narendra/-