Patna High Court
Gopal Krishna Tiwary vs The State Of Bihar And Ors on 7 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22599 of 2018
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Gopal Krishna Tiwary Son of Shiv chandra Tiwary Resident of K.N. Mehta
Compound, Gaushala Road, P.O. Ramna, P.S. Mithanpura, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Transport Department,
Government of Bihar, Patna
2. State Transport Authority, Bihar through its Secretary, office situated at
Bisheswaraiya Bhawan, Bailey Road, Patna
3. Secretary, State Transport Authority, Bihar, Office Situated at
Bisheshwaraiya Bhawan, Baily Road, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate
For the Respondent/s : Mr. Anuradha Singh- GP 21
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-10-2025
1. The petitioner has filed the instant
application for the following reliefs:
"For quashing the modified
time table issued by the Secretary,
S.T.A, Bihar (Respondent no 3) to the
petitioner for his Permanent Inter State
Stage Carriage Permit no 25/2018
covered with Bus No BR-06PD-8290 and
BR-06PD-8291, valid for the period
30.08.2018
to 29.08.2023 on the route
Motihari to Siliguri as contained in
Annexure-4 to this writ petition,
whereby the Learned Secretary
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
(Respondent no 3) of its own without
any order of the S.T.A, Bihar or any
request made by the petitioner,
modified the proposed time table after
curtailing the arrival and departure
timing of the notified bus stand lying
between the route which has already
been sanctioned and granted by the
State Transport Authority, Bihar in
favour of the petitioner in the meeting
of S.T.A, Bihar dated 24.07.2018
proceeding of which has been signed on
25.07.2018, and be pleased to grant the
proposed time table to the petitioner's
permit."
2. The petitioner challenges the
modification of the proposed time table for the
Inter-State Stage Carriage Permit granted by the
State Transport Authority (S.T.A.), Bihar, for the
route Motihari to Siliguri.
3. The factual matrix, as stated by the
petitioner, is as follows: pursuant to a Reciprocal
Transport Agreement between the States of Bihar
and West Bengal, published in the Bihar Gazette on
9.5.2016, ten vacancies were notified for Inter-
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
State Stage Carriage Permits on the route from
Motihari to Siliguri. The petitioner submitted an
application in the prescribed form with the
requisite fees and a proposed time table.
Objections were invited by publishing the proposed
time table on the official website; further
objections were received, the S.T.A. included the
petitioner's application in its agenda for the
meeting held on 24.07.2018. The permit was
sanctioned in favour of the petitioner at this
meeting and the proceedings were signed on
25.07.2018. It is submitted that subsequently, the
petitioner furnished all requisite vehicle and other
documents for issuance of the permit. The
Permanent Permit No. P.St.S 25/2018, along with
the time table, was issued to the petitioner on
17.09.2018 (Annexure-4), and received by the
petitioner on 24.09.2018.
4. The Learned counsel for the
petitioner submitted that upon receipt, the
petitioner came to know that the S.T.A. had
unilaterally modified the originally proposed time
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
table by deleting the arrival and departure timings
at several notified bus terminals along the route
Muzaffarpur, Begusarai, Khagaria, Purniea,
Dalkhola, Kishanganj and Islampur. It is further
submitted that this deletion was contrary to Clause
(xiii) of the Reciprocal Transport Agreement, which
mandates that both reciprocating states i.e., State
of Bihar and State of West Bengal shall allow stage
carriages of the other state to pick up and set
down passengers at their respective notified bus
terminals.
5. The Learned counsel for the
petitioner also submitted that Section 2(40) of the
Motor Vehicles Act, 1988, defines "stage carriage".
Clause (XIII) of Reciprocal Transport Agreement
contains that "Both the reciprocating State
carriage of other State to pick up and set down the
passengers from their respective notified but
terminal. Furthermore, Section 2(38) of the Act
defines "route" as a line of travel with specified
highways and via points, which include notified bus
terminals where stoppages can be scheduled. The
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
unilateral deletion of halt timings by the S.T.A.
without the petitioner's consent and without any
order authorizing such modification, is illegal and
contrary to the Motor Vehicles Act and the
Reciprocal Transport Agreement. The petitioner
emphasizes that the revised time table envisages a
continuous journey of approximately 8 hours
without any halts, which is impracticable and
contravenes Section 91 of the Motor Vehicles Act
read with Section 15 of the Motor Transport
Workers Act, 1961. These provisions mandate rest
intervals for drivers and workers, and reasonable
stoppages for passenger comfort, including access
to essential facilities such as restrooms.
6. The Learned counsel for the
petitioner further submitted that the S.T.A. office
has acted without jurisdiction and committed a
gross illegality by issuing a time table inconsistent
with statutory provisions and the agreement. Since
there is no statutory remedy of appeal or revision
available against issuance or modification of time
tables, the petitioner has approached this Court
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
invoking writ jurisdiction for redressal of his
grievance.
7. By filing a supplementary affidavit,
the petitioner brought on record the renewal of
the permit. It is submitted that after expiry of the
permanent Inter State Stage carriage Permit No.
25/2018 (W.B.), which was valid for the period
30.08.2018 to 29.08.2023 (Annexure-4), the permit
granting authority i.e. State Transport Authority,
Bihar, Patna further renewed the permit for 5 years
w.e.f. 30.08.2023 to 29.08.2028 vide order dated
05.06.2023 of the Secretary, S.T.A., Bihar, Patna.
8. The Learned counsel for the
respondents submitted that the Government of
Bihar, in exercise of powers conferred under
Section 88(5) of the Motor Vehicles Act, 1988,
issued a draft notification of the proposed
Reciprocal Transport Agreement between the
States of Bihar and West Bengal. This draft was
published in the Bihar Gazette on 26.05.2014,
inviting objections and suggestions within 30 days,
in accordance with the statutory procedure.
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
Following receipt of objections from various
transport owners, associations, and the public, the
State Transport Commissioner, Government of
Bihar, conducted a hearing on 02.07.2015, duly
considering all representations. After disposal of
objections, the final Reciprocal Transport
Agreement was published in the Bihar Gazette
(Extraordinary) on 09.05.2016 in full compliance
with Section 88(5) of the Motor Vehicles Act.
9. The Learned counsel for the
respondents further submitted that under this
Agreement, vacancies for Interstate Stage Carriage
Permits were created for various routes, including
the route from Motihari to Siliguri via Muzaffarpur
and Purnia. Ten permits were allocated to each
state for this route. The State Transport Authority,
Bihar, accordingly invited applications for permits
on the said route. It is further submitted that in
response, the petitioner filed an application along
with the proposed time table and requisite fees.
Objections were invited, and the petitioner's
application was placed before the State Transport
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
Authority on 24.07.2018. After considering the
comparative merits, the Authority granted the
permit subject to submission of all valid
documents.
10. It is further submitted that the
petitioner's proposed time table was not in
conformity with the "via" points specified in the
Agreement. No permit can be granted for
operations beyond the prescribed via points--
Muzaffarpur and Purnia. Consequently, the time
table allotted to the petitioner only includes
timings at these via points in strict compliance
with the terms of the Agreement.
11. The Learned counsel for the
respondents submitted that further, Clause (xiii) of
the Reciprocal Transport Agreement permits stage
carriages to pick up and set down the passengers
only at their respective notified bus terminals, but
this does not authorize allotment of time tables for
all bus terminals falling within the route's via. The
permit-issuing authority has the discretion to fix
the time table while avoiding timing clashes with
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
other operators on the same or overlapping routes.
12. The Learned counsel for the
respondents lastly submitted that in the aforesaid
view of the matter, the relief sought by the
petitioner, which challenges the modification of the
time table and inclusion of only certain notified
terminals, is contrary to the terms and conditions
of the Reciprocal Transport Agreement and the
applicable law and the writ petition lacks merit and
is liable to be dismissed in the interest of justice.
13. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
14. During the course of arguments,
the Learned counsel for the petitioner submitted
that, after the expiry of the permanent Inter-State
Stage Carriage Permit, the competent authority
had renewed the said permit for a further period of
five years.
15. Upon prayer made by Learned
counsel for the petitioner, this Court, vide order
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
dated 20.08.2025, directed the petitioner to bring
on record the renewal of the permit.
16. In compliance, the petitioner filed a
supplementary affidavit, bringing on record
Annexure-5, whereby Inter-State Stage Carriage
Permit No. 25/2018(W.B.), originally valid from
30.08.2018 to 29.08.2023 (Annexure-4), was
renewed by the competent authority--namely, the
State Transport Authority, Bihar, Patna--for an
additional period of five years with effect from
30.08.2023 to 29.08.2028, as per the order dated
05.06.2023 issued by the Secretary, S.T.A., Bihar.
17. This Court has perused the order of
renewal of the permit by the competent authority
and finds that the permit remains valid until
29.08.2028.
18. Based on the facts and
circumstances stated above, and upon due
consideration of the submissions, this Court is of
the considered opinion that the modified time table
issued by the Secretary, S.T.A., Bihar (Annexure-4)
is not sustainable in law, as it was issued contrary
Patna High Court CWJC No.22599 of 2018 dt.07-10-2025
to the terms of the permit, the relevant legal
provisions, and despite the fact that the competent
authority had already renewed the permit for a
further period up to 29.08.2028.
19. Accordingly, Annexure-4 is hereby
quashed and set aside.
20. As such, the writ petition stands
allowed.
21. Interlocutory Application(s), if any,
shall stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.10.2025
Transmission Date
