Praween Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25290 of 2019 ====================================================== Praween Kumar Singh S/o Sri Shyam Nandan Prasad Singh Resident of Marwari School Road, Darbhanga, P.S.-Town (Darbhanga), DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

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

2.

State Transport Commissioner, Department of Transport, Government of BIhar, Patna.

3.

Regional Transport Authority, through its Secretary, Darbhanga, DistrictDarbhanga. 4.

Regional Transport Authority, through its Secretary, Muzaffarpur, DistrictMuzaffarpur. 5.

The District Transport Officer, Darbhanga.

6.

The District Transport Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr. Ajay Kumar Jha For the Respondent/s :

Smt. Anuradha Singh ( Sc21 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner has raised several complaints against the District Transport Officer, Darbhanga and Muzaffarpur for having registered vehicles without complying with the mandatory provisions of Sections 109 and 110 of the Motor Vehicle Act read with provision of Rule 47 of the Central Motor Vehicle Rules,

Patna High Court CWJC No.25290 of 2019(2) dt.17-12-2019 2/3 1989.

The aforesaid complaints have not been heeded to by the State Transport Commissioner / Respondent No. 2.

The petitioner has also prayed before Respondent No. 2 to cancel the registration of such bus owners.

The grievance of the petitioner is that despite such complaints / applications having been filed before the Respondent No. 2, no action has been taken on such representations as yet.

It appears that the aforesaid representation / complaint was filed by the petitioner only on 15.10.2019.

This Court is of the view that the petitioner has hurriedly come before this Court without waiting for the Transport Commissioner to pass an order on such representations / complaints.

In any view of the matter, since all these

Patna High Court CWJC No.25290 of 2019(2) dt.17-12-2019 3/3 anomalies in matters of registration of commercial vehicles have now been brought to the notice of Respondent No. 2, in the fitness of things, he must respond to the aforesaid complaint / representation within a reasonable period of time.

Any public authority would be under an obligation to dispose off such representations if it concerns public at large or refers to violation of any law / rules.

Under the aforesaid circumstances, this Court directs the Respondent No. 2 to dispose off the representation of the petitioner within a period of eight weeks of production of a copy of this order before him. The writ petition stands allowed to the extent indicated above.

(Ashutosh Kumar, J) skm/- U