Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15926 of 2024 ====================================================== Avanish Kumar S/ Late Sudhakar Prasad Sharma Resident of MohallaChanakya Colony, Industrial Area, Dighi Khurd, Hajipur, P.S.-Sadar, Dist.- Vaishali, Pin 844101 ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Chief Secretary, Government of Bihar, Patna. 3.
THe Secretary, Department of Transport, Government of Bihar, Patna. 4.
The Secretary, Law Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 15962 of 2024 ====================================================== Raj Kumar S/o-Late Tamtam Bhagat Resident of Mohalla-Rajapur, Gate No32, P.S-Sri Krishna Puri District-Patna, Pin-800001. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Chief Secretary, Government of Bihar, Patna. 3.
The Secretary, Department of Transport, Government of Bihar, Patna. 4.
The Secretary, Law Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 15926 of 2024) For the Petitioner/s :
Mrs. Archana Sinha @ Archana Shahi For the Respondent/s :
Mr. P.K. Shahi, A.G.
(In Civil Writ Jurisdiction Case No. 15962 of 2024) For the Petitioner/s :
Mrs. Archana Sinha @ Archana Shahi For the Respondent/s :
Mr. P.K. Shahi, A.G.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-03-2026 The present writ petitions have been filed by the petitioners, Mr. Avanish Kumar and Mr. Raj Kumar, seeking the following reliefs:
"(i) For holding and declaring the Bihar Motor Vehicles Accident claim Tribunal (Constitution and Service conditions) Rules, 2023
Patna High Court CWJC No.15926 of 2024 dt.24-03-2026 2/3 published in Bihar Gazette notification dated 26.10.23 (Annexure-P/1) as illegal, arbitrary, beyond jurisdiction and ultra vires to the provisions as contained in Sec 166(2) of Motor vehicle Act, 1988.
(ii) For holding and declaring the Bihar Motor Vehicles Accident claim Tribunal (Constitution and Service conditions) (Amended) Rules, 2024 published in Bihar Gazette notification dated 28.08.24 (Annexure-P/3) as illegal, arbitrary, beyond Jurisdiction and ultra vires to the provisions as contained in Sec 166(2) of Motor vehicle Act, 1988.
(iii) For declaring one District Judge or Additional District Judge in all 38 district as dedicated Motor Accident Claims Tribunal dealing only with Motor accident related cases arising out of Motor Vehicle Act, 1988 so that Deceased Dependents and Advocates will not suffer in getting Justice.
(iv) For any other consequential relief or reliefs for which the petitioner is found entitled during course of hearing of this writ petition."
2. During the course of hearing, learned counsel for the petitioners submits that a batch of writ petitions involving similar issues had earlier been considered by this Hon'ble Court in Civil Writ Jurisdiction Case No. 480 of 2024 and analogous
Patna High Court CWJC No.15926 of 2024 dt.24-03-2026 3/3 cases, which were disposed of by order dated 21.02.2025.
3. It is submitted that in the said judgment, this Court held that the Rules of 2023, along with the Amendment Rules of 2024, are fully in consonance with the provisions contained in Sections 165, 166, and 176 of the Motor Vehicles Act, 1988, as well as the law laid down by the Hon'ble Supreme Court in Gohar Ahmad vs. Uttar Pradesh State Road Transport Corporation & Others, (2023) 4 SCC 381, and Anita Kushwaha vs. Pushap Sudan, (2016) 8 SCC 509.
4. Learned counsel for the petitioners has placed the aforesaid judgment on record.
5. In view of the fact that similar writ petitions have already been disposed of by this Court, the present writ petitions are also disposed of in terms of the order dated 21.02.2025 passed in C.W.J.C. No. 480 of 2024 and analogous cases. (Sangam Kumar Sahoo, CJ) ( Harish Kumar, J) Neha/- AFR/NAFR CAV DATE Uploading Date 26.03.2026 Transmission Date