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Patna High CourtL.P.A/462/2018dismissed

Upendra Thakur And ANR v. The Bihar State Road Transport Corporation And ORS

2019-11-19The Chief Justice -,Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.462 of 2018 In Civil Writ Jurisdiction Case No.11061 of 2017 ====================================================== 1.

Upendra Thakur, S/o Late Ram Prasad Thakur, Resident of VillageBudhauli, P.S.- Bochaha, District- Muzaffarpur. 2.

Pramod Narain Jha, S/o Late Ajab Narain Jha, Resident of VillagePanchgama, P.S.- Rosara, District- Samastipur. ... ... Appellant/s

Versus

1.

The Bihar State Road Transport Corporation, Birchand Patel Path, Pariwahan Bhawan, Patna.

2.

The Administrator, the Bihar State Road Transport Corporation, Birchand Patel Path, Pariwahan Bhawa, Patna, Bihar.

3.

The Chief of Administration, the Bihar State Road Transport Corporation, Birchand Patel Path, Pariwahan Bhawan, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Satya Prakash Sinha, Adv.

For the Respondent/s :

Mr. Prabhat Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-11-2019 Heard learned counsel for the parties.

The instant appeal has been filed for following relief(s):- "It is, therefore, prayed that Your Lordships may be most graciously pleased to admit this appeal, issue show cause notice to the respondents to show cause as to why the impugned order be not set aside and after service of the notice and after hearing the

Patna High Court L.P.A No.462 of 2018(6) dt.19-11-2019 2/2 parties be pleased to set aside the order dated 11.01.2018 passed in C.W.J.C. No. 11061 of 2017 by Hon'ble Mr. Justice Jyoti Saran."

The imposition of penalty of recovery of Rs. 30,000/- is on account of the loss caused due to sabotage and violence on account of the activities of the writ petitioner-appellant. It does not fall within anyone of the exceptions as submitted by learned counsel for the writ petitioner-appellant in notice dated 07.10.2010, as contained in Annexure-3 to the writ application. As such, the instant appeal is dismissed.

(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) Anil/Amrendra U