Bijayendra Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.313 of 2019 ====================================================== Bijayendra Singh, Son of Sri Jugal Kishore Singh, R/V- Paras Pakari, P.S. Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

1.

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

2.

District Transport Officer, West Champaran, Bettiah at Collectoriate Compound, Bettiah, West Champaran.

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

For the Petitioner/s :

Mr. Shiopujan Singh, Adv.

Mr. Mukesh Kumar Singh, Adv.

For the Respondent/s :

Mr. Sarvesh Kumar, GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 02-07-2019 Heard Mr. Shiopujan Singh, learned counsel appearing for the petitioner and learned counsel for the State. In the nature of the order that we propose to pass, we do not deem it necessary to await filing of a counter affidavit. That the petitioner is aggrieved by the action of the authorities in the Transport Department more particularly the District Transport Officer, West Champaran at Bettiah in failing to grant registration to the vehicle of the petitioner which is a Mini Bus as well as issuance of tax token despite, the petitioner having obtained 'No Objection Certificate' from the Transport Department

Patna High Court CWJC No.313 of 2019 dt.02-07-2019 2/3 of Uttar Pradesh where the vehicle was originally registered and has applied before the District Transport Officer, West Champaran together with essential documents and fees as back as in January, 2017.

Mr. Singh, learned counsel appearing on behalf of the petitioner in support of his submission relies upon the document present at Annexure 1 to the writ petition and submits that the same was deposited as back as on 11.01.2017 but the same remains pending for more than two and half years. Mr. Singh further informs that necessary verification has also been carried out from the Transport Department of Uttar Pradesh where the vehicle was originally registered.

Having heard learned counsel for the parties and considering that the application of the petitioner for grant of registration as well as issuance of tax token is pending before the District Transport Officer, West Champaran at Bettiah and that necessary documents for such purpose together with required fee has been deposited by the petitioner as back as in January, 2017 and a period of more than two and half years has gone by we direct the District Transport Officer, West Champaran at Bettiah to dispose of the application of the petitioner and pass appropriate

Patna High Court CWJC No.313 of 2019 dt.02-07-2019 3/3 order in accordance with law within a period of 8 weeks from the date of receipt/production of a copy of this judgment. With the direction above, we allow the writ petition. (Jyoti Saran, J) ( Partha Sarthy, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2019 Transmission Date NA