Citation : 2021 Latest Caselaw 3623 Patna
Judgement Date : 22 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11540 of 2021
======================================================
Yusuf Khan, S/o Basarat Hussain Khan, At-P.C. Colony, Kankar Bagh, P.S.- Kankarbagh, At present Rajapur, P.S.-Rajapur, District-Patna.
... ... Petitioner/s Versus
1. The State of Bihar through Principal Secretary, Transport Department, Govt.
of Bihar, Patna.
2. State Transport Commissioner, Transport Department, Govt. of Bihar, Patna, Bishwesraiya Bhawan, Bailey Road, Patna.
3. District Transport Officer, Patna, At-Biscoman Bhawan, West Gandhi Maidan, Patna.
4. Motor Vehicle Inspector, Patna, At-Biscoman Bhawan, West Gandhi Maidan, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Singh, Advocate Mr. Sheopujan Singh, Advocate For the Respondent/s : Mr.Raghvendra Kumar, SC 22 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-07-2021
The petitioner has prayed for the following relief/s :-
"That this is an application to pass appropriate writ or writs, order of orders and direction or directions in the nature of mandamus directing upon the Respondents No.2 and 3 to accept the Road tax and Additional Tax without fine from 29.03.2013 to up till now, and issue tax token and further order may be also passed to exempt the fine on certificate of fitness relating with Bus No. BR-01 PC-5831."
After the matter was heard for some time, learned Patna High Court CWJC No.11540 of 2021 dt.22-07-2021
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the authority
concerned to consider and decide the representation, which the
petitioner shall be filing within a period of four weeks from
today for redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
terms:-
(a) Petitioner shall approach the authority concerned
within a period of four weeks from today by filing a
representation for redressal of the grievance(s);
(b) The authority concerned shall consider and
dispose it of expeditiously by a reasoned and
speaking order preferably within a period of three
months from the date of its filing along with a copy
of this order;
Patna High Court CWJC No.11540 of 2021 dt.22-07-2021
(c) Needless to add, while considering such
representation, principles of natural justice shall be
followed and due opportunity of hearing afforded to
the parties;
(d) Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are
otherwise available in accordance with law;
(e) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise
available in law, before the appropriate forum, the
same shall be dealt with, in accordance with law
and with reasonable dispatch;
(f) Liberty reserved to the petitioner to approach the
Court, if the need so rises subsequently on the same
and subsequent cause of action;
(g) We have not expressed any opinion on merits. All
issues are left open;
(h) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through
digital mode, unless the parties otherwise mutually
agree to meet in person i.e. physical mode; Patna High Court CWJC No.11540 of 2021 dt.22-07-2021
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
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