Praween Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23396 of 2018 ====================================================== Praween Kumar Singh Son of Sri Shyam Nandan Prasad Singh, Resident of Marwari School Road, P.O.- Lalgarh, P.S. Darbhanga Town, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Transport, Government of Bihar, Bishwashraiya Bhawan, Bailey Road, P.O. and P.S. Patna.

2.

The State Transport Commissioner, Department of Transport, Government of Bihar, Bishwashraiya Bhawan, Bailey Road, P.O. and P.S. Patna. 3.

The Member Board of Revenue-Cum-Chairman, State Transport Authority, Bihar,Patna.

4.

The Divisional Commissioner Cum Chairman, Regional Transport Authority, Darbhanga office Situated at Divisional Commissioners Compound, Laheriasarai, Darbhanga.

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

For the Petitioner/s :

Mr.Ajay Kumar Jha, Advocate For the Respondent/s :

Mrs.Anuradha Singh, SC-21 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 10-10-2025

1. The writ petition is filed for the following reliefs:- "For issuance of an appropriate writ/writs, order/ orders or direction/ directions, in the nature of writ of mandamus commanding and directing the Respondents to dispose of the representation filed by the petitioner

2/6 before Secretary, Transport Department, Government of Bihar, Patna (Respondent no 1) dated 13.8.2018 (Annexure-5) and representation dated 11.7.2018 (Annexure-2) filed before Chairman, Regional Transport Authority, Darbhanga (Respondent no. 4) in which the Petitioner prayed before them to immediately stop the bus service operated on the route Kusheshwar Asthan to Delhi and from other places to Delhi without any valid permit or obtained the tourist permit but operated as Stage Carriage damaging the service of this petitioners and also put the State Exchequer in heavy revenue loss.

And/Or Direct the respondents to immediately stop such illegal operation of bus on the route Laheriasarai to Delhi and from other places to Delhi which are being operated by the persons without obtaining any valid route permit in this regard.

And/Or Pass such other order or orders as your Lordships may deem fit and proper in the facts and circumstances of this case."

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2. The brief facts as culled out of the writ petition are that petitioner holds regional and inter regional permit which is classified as under:- Permit No.

Bus No.

Route Validity 73/2015 BR-7P-2862 Darbhanga to 6.2.2015 to 5.2.2020 KusheshwarAsthan 239/2015 BR-7P-7832 KusheshwarAsthan 28.2.2015 to 27.2.2020 to Mithapur Patna 238/2015 BR-7P-3617 Darbhanga to 28.2.2015 to 27.2.2020 KusheshwarAsthan 663/2014 BR-7P-2876 Darbhanga to 19.9.2014 to 28.9.2019 KusheshwarAsthan 632/2014 BR-7P-2535 Darbhanga to 9.4.2014 to 8.4.2019 KusheshwarAsthan 613/2014 BR-7P-2328 Darbhanga to 28.8.2014 to 27.8.2019 KusheshwarAsthan

3. On the basis of the permits issued by the Regional Transport Authority, Darbhanga, the petitioner is operating regional and inter-regional bus services and serving the travelling passengers on the permitted routes. There are two categories of routes under the Motor Vehicles Act, 1988; one is Regional/Inter-Regional routes covering one or more region lying within the State, for which permits are issued by the concerned Regional Transport Authority

4/6 or the State Transport Authority, Bihar and other is Inter-State routes, covering more than one State, for which permits are issued solely by the State Transport Authority under Section 88 of the Motor Vehicles Act, 1988, subject to reciprocal transport agreements between the States concerned.

4. The State of Bihar has entered into reciprocal transport agreements with the States of Uttar Pradesh, West Bengal, Jharkhand, and Chhattisgarh. However, no such agreement exists with the NCT of Delhi as on date. The petitioner has brought to the notice of the authorities that certain buses bearing registration numbers of the State of Uttar Pradesh were operating from Kusheshwar Asthan to Delhi via Darbhanga without any valid inter-State route permit issued by the competent authority, i.e., the State Transport Authority, Bihar. According to the petitioner, these buses are operating as stage carriage vehicles and affecting the petitioner's lawful business. The petitioner, on 11.07.2018, filed an application before the Divisional Commissioner-cum-Chairman, Regional Transport

5/6 Authority, Darbhanga, giving list of five buses alleged to be operating without any valid permit. Prior to this, on 06.07.2018, the son of petitioner namely, Pratik Kumar Singh, also filed an application through registered post. Another complaint was also filed before the Secretary, Regional Transport Authority, Darbhanga on the same date. A meeting was fixed by the Transport Department on 10.08.2018, inviting all the persons to address the problem related to transport operation including the petitioner's. During the meeting, the Chairman, State Transport Authority, Bihar, Patna asked the petitioner and others to submit their suggestions in writing. Accordingly, the petitioner submitted a detailed written submission-cum-complaint highlighting the issue of illegal operation of buses on the DarbhangaDelhi route. The minutes of the meeting held on 10.08.2018, was published on the official website of the Transport Department on 23.08.2018, but there was no reference or mention of the issues raised by the petitioner concerning the illegal inter-State operations.

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5. The present writ petition was filed in the year 2018. However, no counter affidavit has been filed by the respondents.

6. It is the specific contention of the Learned counsel for the petitioner that the representation of the petitioner is still pending before the concerned authorities.

7. Heard the Learned counsel for the petitioner as well as the Learned counsel for the State. Considering the nature of the grievance raised, this Court deems it appropriate to direct the respondent authorities to dispose of the representation/complaint of the petitioner in accordance with law, within a period of three months from the date of receipt of a copy of this order.

8. With the aforesaid direction, the writ petition shall stand disposed of.

(G. Anupama Chakravarthy, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.10.2025 Transmission Date