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Patna High CourtCWJC/1568/2017disposed

Subodh Singh v. The State Of Bihar And ORS

2020-02-04The Chief Justice -,Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1568 of 2017 ====================================================== Subodh Singh, Son of Sri Kamleshwar Singh, Resident of Salaiya, Kauakol, P.S.- Kauakol, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Transport, Government of Bihar, Patna.

2.

State Transport Authority, Bihar, through its Secretary, Office situated at Bishweshraiya Bhawan, Bailey Road, Patna.

3.

The Chairman, State Transport Authority, Bihar, Office situated at Bishweshraiya Bhawan, Baily Road, Patna.

4.

State Transport Commissioner, Transport Department, Government of Bihar, Bishweshraiya Bhawan, Baily Road, Patna.

5.

Deputy Secretary, Transport Department, Government of Bihar, Bishweshraiya Bhawan, Baily Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar Singh For the Respondent/s :

Smt. Anuradha Singh- Sc21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-02-2020 The petitioner has prayed for the following reliefs: "(i) For issuance of an appropriate writ, rule or direction directing the respondents to countersign the permanent Inter State Stage Carriage Permit No. 133 of 2015 for the route Ranchi to Biharsharif via Ramgarh, Hazaribagh, Barahi, Koderama, Nawada for Up and Down trip daily covered with Bus No. JH02AH-3347 valid w.e.f. 27.12.2015 to

Patna High Court CWJC No.1568 of 2017(4) dt.04-02-2020 2/3 26.12.2020, permit granted and issued by State Transport Authority, Jharkhand at Ranchi and accept the tax w.e.f. the date when the authority issue/grant countersignature of the permit.

(ii) To quash the letter contained in letter No. 4/STA/-P3-20/2016 6849 dated 23.11.2016 issued by the Deputy Secretary, Department of Transport, Government of Bihar, Patna, whereby he has asked the petitioner to deposit rest amount of Bihar Road Tax of Rs.

1,00,674/-, Rs. 14,385/-, Rs. 86,289/- so that action can be taken up for countersignature of aforesaid permit.

(iii) To direct the authority not to realise the Road Tax, Additional Tax in respect of the bus covered with Permit No. 133/2015 during the period for which the petitioner's Bus No. JH02AH-3347 did not enter in the State of Bihar in absence of counter signature slip of the aforesaid petitioner's permit and deposited tax in anticipation of the counter signature of the said permit may be adjusted as a current tax in respect of aforesaid bus for the State of Bihar." It is not disputed before us that the issues raised in the present petition, on facts and in law, are squarely covered with the judgment/order held by this Court in case of Smt. Yamuna Singh vs. The State of Bihar & Ors. Reported in 2016(2)PLJR 452.

As such, we dispose of the present petition giving

Patna High Court CWJC No.1568 of 2017(4) dt.04-02-2020 3/3 directions, as contained in the case of Smt. Yamuna Singh (supra), mutatis mutandis as far as applicable also to the instant case.

(Sanjay Karol, CJ) ( Mohit Kumar Shah, J) sujit/- U