Manibhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21699 of 2019 ====================================================== Manibhushan Kumar S/o Sri Lalan Shukla R/o Atom Tyre House, N.H.- 28 Bhaganpur Chowk, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Chairman, State Transport Authority, Bihar, Patna. 3.

The Commissioner cum Chairman, Regional Transport Authority, Darbhanga.

4.

The Joint Commissioner cum Secretary, Regional Transport Authority, Darbhanga.

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Respondent/s :

Mr. Ajay Kr. Rastogi AAG-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-12-2022 Petitioner has prayed for the following relief(s):- "i. To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the order as contained in Memo no. 534 dated 05.07.2019 passed by the joint commissioner cum secretary, Regional Transport Authority, Darbhanga whereby and where has cancelled the Permit No. 139/2015 and 138/2015 with respect to vehicle bearing Registration No. BR06PA-8705 and BR06PA-8706 in terms of section

Patna High Court CWJC No.21699 of 2019(3) dt.15-12-2022 2/3 86(i)(d) of the Motor Vehicle Act 1988 with immediate effect.

ii. To direct the respondent no. 4 to restore the aforesaid two permits relating to vehicles in question subject to payment of a certain sum of money agreed upon by the petitioner.

iii. To any other reliefs to which the petitioner may found entitled in the facts and circumstances of the case."

After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies, as are otherwise available, in accordance with law including Motor Vehicles Act, 1988. Permission granted.

We are sure that as and when any such proceedings are initiated, before the appropriate forum/Tribunal, the same shall be considered and decided expeditiously, in accordance with law.

Needless to add, period for which the petitioner has been pursuing the matter before this Court, shall be excluded for

Patna High Court CWJC No.21699 of 2019(3) dt.15-12-2022 3/3 the purpose of computing limitation.

It is made clear that we have not expressed any opinion on merits. All issues are left open.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) avinash/PKP U