Ram Sevak Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20215 of 2013 =========================================================== Ram Sevak Yadav Son Of Ram Krit Yadav Resident Of New Karbigahiya, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna .... .... Petitioner

Versus

1. The State of Bihar Through The Secretary, Department Of Transport, Government Of Bihar, Patna

2. Regional Transport Authority, Patna

3. Chairman, Regional Transport Authority, Patna

4. Secretary, Regional Transport Authority, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar Gupta, Advocate. For the Respondents : Mr. Hari Mohan Mishra, AC to GP-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-10-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondent no. 3, Chairman, Regional Transport Authority, Patna to issue the Permanent Regional Stage Carriage Permit for City Route No. 20 Kankarbagh Tempoo Stand to Engineering College of Eight (8) trips up and down daily for vehicle No. BR-23B7761 along with proposed time table.

3. Learned counsel for the petitioner submits that an application was filed before the Secretary, Regional Transport Authority, Patna (respondent no. 4) for grant of permanent permit and in due course the application was placed before the authority. It is stated that the matter was heard by the authority and permit granted in favour of the petitioner subject to modification of timing and

Patna High Court CWJC No.20215 of 2013 dt.26-10-2018 physical verification of the vehicle. However, even after physical verification of the vehicle and formalities having been observed, the permit was not issued and for which a petition was filed before the Commissioner, Patna Division-cum-Chairman, South Bihar Regional Transport Authority, Patna (respondent no. 3) on 07.12.2011. Further a petition has also been filed before the respondent no. 4 on 01.08.2013 (Annexure-8) which however remains pending.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievance of the petitioner, this Court is of the view that the ends of justice will be met if the Secretary, Regional Transport Authority, Patna (respondent no. 4) is directed to consider and dispose of the petitioner's representation dated 01.08.2013, if still pending, on its own merits in accordance with law and after grant of opportunity of hearing to the petitioner, expeditiously and in any event preferably within one month from the date of receipt/production of a copy of this judgment.

6. The writ petition stands disposed of.

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

Uploading Date 27.10.2018 Transmission Date N.A.