Praveen Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.18661 of 2015 dt.18-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18661 of 2015 =========================================================== Praveen Kumar Singh Son of Shree Shyamnandan Prasad Singh, Resident of Marwari School Road, P.O Lalgarh, P.S Darbhanga Town, District Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar, through its Principal Secretary, Dept of Transport, Government of Bihar, Bishwashraiya Bhawan , Bailey Road, P.O & P.S. -Patna.

2. Darbhanga Regional Transport Authority, Darbhanga through its Secretary, Office at Divisional Commissioner Officer Leharisari at Darbhanga.

3. Chairman -cum-Commissioner, Darbhanga Regional Transport Authority, Office at Divisional Commissioner Officer Leharsari at Darbhanga.

4. District Magistrate Darbhanga Office at Leharsari at Darbhanga.

5. District Transport Officer Darbhanga , Office at Leharsari at Darbhanga. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Pandey, advocate. For the Respondents : Mr. Harish Kumar, GP-8 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-09-2018 The present writ petition has been filed for quashing the order dated 31.08.2015 of its meeting dated 31.08.2015 being Item No. 6 of the proceeding by which the Regional Transport Authority resolved to create Majhora as Bus Stand.

2. At the outset itself, learned counsel for the respondents points out that the petitioner has adequate statutory remedy by way of appeal before the State Transport Appellate Tribunal which has not been availed of by the petitioner.

3. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.18661 of 2015 dt.18-09-2018 writ petition has been filed inasmuch as the said Appellate Tribunal was not functioning at the relevant time. It is however not disputed that the same has become functional now.

4. In the above view of the matter, this Court is not inclined to interfere in the matter. The writ petition stands disposed of, with liberty to the petitioner to approach the Appellate Forum for redressal of his grievances. If any such appeal is filed within a period of 30 days from today, the same shall be considered and disposed of, on its own merits in accordance with law, expeditiously.

5. It is made clear that in case such an appeal is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condonation of delay, if applicable.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.09.2018 Transmission Date N.A.