Patna High Court
Tara Devi vs The State Of Bihar on 21 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2062 of 2022
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Tara Devi W/o Sri Dilip Kumar Singh At Kosh Dihra, P.S. Navi Nagar,
District- Aurangabad.
... ... 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
At - Bishweshraiya Bhawan, Baily Road, Patna.
3. Magadh Regional Transport Authority, Gaya through Chairman at
Commissioners Compound, Gaya.
4. District Transport Officer, Aurangabad, at Collectoriate Compound,
Aurangabad, Bihar.
5. Motro Vehicle Inspector, Aurangabad, At Collectoriate Compound,
Aurangabad, Bihar.
6. Dharmendra Kumar Singh S/o Parandeo Singh At - Village - Sarshot, P.S. -
Hariharganj, District- Palamu (Jharkhand).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Singh, Adv
For the Respondent/s : Mr.Raghwendra Kumar (Sc22)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"That this is an application to pass
appropriate writ or writs, order or orders and
direction or directions in the nature of mandamus
directing upon the respondents to recover the due
tax amount relating with Maxi No. BR 26P 2222 of
1996 model from the Respondent No. 6 after
purchased the said vehicle from the petitioner."
Patna High Court CWJC No.2062 of 2022 dt.21-02-2022
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioner, under
instructions, states that petitioner may be permitted to prefer
an appeal against the impugned order before the Appellate
Authority.
Permission granted.
Learned counsel for the respondents states that if
such an appeal is preferred within a period of four weeks from
today, the issue of limitation, if any, shall neither be raised nor
allowed to come in the way of adjudication of the appeal on
merits.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
mutually agreeable terms:-
(a) Petitioner is permitted to prefer an appeal within a
period of four weeks from today;
(b) In the event of appeal being preferred within a
period of four weeks from today, the issue of limitation shall
not come in the way of adjudication of the appeal on merits;
(c) Opportunity shall be granted to the parties to
place on record all essential documents and materials, if so
required and desired;
Patna High Court CWJC No.2062 of 2022 dt.21-02-2022
(d) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(e) The Appellate Authority shall decide the appeal
on merits, in compliance of the principles of natural justice;
(f) The Appellate Authority shall pass a reasoned and
speaking order, within a period of eight weeks from the date
of filing of the appeal;
(g) Copy of the reasoned and speaking order passed
by the Appellate Authority shall be supplied to the parties;
(h) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(i) 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;
(j) We have not expressed any opinion on merits and
all issues are left open;
(k) Liberty reserved to the petitioner to challenge the
order, before the appropriate forum, if required and desired.
The instant petition sands disposed of in the
aforesaid terms.
Patna High Court CWJC No.2062 of 2022 dt.21-02-2022
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
