Dismissed

Nagrik Adhikar Manch v. The State Of Bihar and Ors.

Patna HC22 Mar 2017CWJC/14990/2016

Case brief

AI extract

What is this about?

A public interest litigation sought a writ of mandamus to direct the State Transport Authority to hold meetings and issue carriage permits for specific routes. The court, having found the authority had taken action, dismissed the petition and directed strict adherence to statutory procedures.

What did the court decide?

The writ petition was disposed of as the court found no case for issuing a mandamus.

Nagrik Adhikar Manch Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14990 of 2016

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Nagrik Adhikar Manch through its Trustee namely Ranjit Pandit, Son of Parshuram Pandit, Resident of Village-Gajipur, P.S.-Desari, District-Vaishali

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.... .... Petitioner/s

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Versus

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The State of Bihar through Secretary, State Transport Authority, Govt. of Bihar, Patna

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The State Transport Authority, through its Chairman, Bihar Transport Authority, Bihar, Patna

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The Bihar Transport Authority-cum-Member, Revenue Board, Patna

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Dinu Kumar, Advocate For the Respondent/s : Mr. Prabhat Kumar Verma, AAG-3

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-03-2017

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This petition in public interest has been filed seeking a mandamus to the respondents, particularly the State Transport Authority, Bihar, Patna to hold a meeting of the authority and to take steps for granting Inter-State Carriage Permit and State Carriage Permit. It is stated that even though on 12.12.2014 a meeting was held but no meeting has been held thereafter and, therefore, contending that in the absence of meeting being held, the State Carriage Permits are not being granted in Inter-State Route, particularly the routs- Bihar to West Bengal, Bihar to Uttar Pradesh and Bihar to Jharkhand the writ petition has been filed.

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Patna High Court CWJC No.14990 of 2016 dt.22-03-2017

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2/3

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From the counter affidavit filed by the Deputy Secretary

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in the Transport Department, it is seen that meting of the statutory authority was held with regard to considering the cases for the route Bihar to Jharkhand on 12.12.2014, on 03.02.2015 with regard to route Bihar to West Bengal and thereafter again meeting was called for on 20^th of July, 2015. Thereafter, meetings have been held again on 10.05.2016 and 11.05.2016 and the report further shows that various meetings have been held and finally the supplementary affidavit indicates that various permits have been granted. Renewal of permits has also been granted and further meetings are being held and action is being taken. It is also seen that notices have been published in the daily newspapers on 21.12.2016 for renewal of permits in the route Bihar-West Bengal and various steps have been taken in the matter by the respondents.

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Keeping in view all these factors, no further indulgence into the matter is called for and as the respondents are already taking steps for grant of permits to the routes in question, now, this Court does not deem it appropriate to make any further indulgence into the matter. The respondents are expected to ensure that meetings in accordance to the requirement of the statute are held strictly in accordance with the statutory provisions and steps taken for issuance of permit to the eligible candidates in accordance with the statute

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Patna High Court CWJC No.14990 of 2016 dt.22-03-2017

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3/3

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within a reasonable period of time.

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With the aforesaid observation, for the present, finding no case made out for issuance of any mandamus, the writ petition stands disposed of.

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(Rajendra Menon, CJ)

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(Sudhir Singh, J)

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P.K.P.

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AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date28.03.2017 Transmission Date

Nagrik Adhikar Manch v. The State Of Bihar and Ors.

Case brief

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Nagrik Adhikar Manch v. The State Of Bihar and Ors.

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