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Yusuf Khan vs The State Of Bihar
2021 Latest Caselaw 3623 Patna

Citation : 2021 Latest Caselaw 3623 Patna
Judgement Date : 22 July, 2021

Patna High Court
Yusuf Khan vs The State Of Bihar on 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)

Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date

 
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