Amitabh vs The State Of Bihar And Ors
2025 Latest Caselaw 4028 Patna

Patna High Court

Amitabh vs The State Of Bihar And Ors on 7 October, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.22614 of 2018
     ======================================================
     Amitabh Son of Awadhesh Kumar Sharma Resident of K.N. Mehta
     Compound,Gaushala Road,P.O. Ramna,P.S. Mithanpura,Distt.-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
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Ajay Kumar Jha, Advocate
     For the Respondent/s   :     Mr. Sarvesh Kumar -GP 24
     ======================================================
        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        24/2018
                      covered with Bus No BR-06PD-7387 and
                      BR-06PD-7386,           valid    for       the     period
                      30.08.2018

to 29.08.2023 on the route Madhubani to Siliguri as contained in Annexure-4 to this writ petition, whereby the Learned Secretary Patna High Court CWJC No.22614 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 Madhubani 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.22614 of 2018 dt.07-10-2025

State Stage Carriage Permits on the route from

Madhubani 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 24/2018, along with

the time table, was issued to the petitioner on

14.09.2018 (Annexure-4), and received by the

petitioner on 21.09.2018.

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.22614 of 2018 dt.07-10-2025

table by deleting the arrival and departure timings

at several notified bus terminals along the route

Darbhanga, Forbisganj and Purnia. 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 Agreemnet

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

unilateral deletion of halt timings by the S.T.A. Patna High Court CWJC No.22614 of 2018 dt.07-10-2025

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

invoking writ jurisdiction for redressal of his Patna High Court CWJC No.22614 of 2018 dt.07-10-2025

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.

24/2018 (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.

Following receipt of objections from various Patna High Court CWJC No.22614 of 2018 dt.07-10-2025

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 Madhubani to Siliguri via

Darbhanga, Forbisganj 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 Authority on 24.07.2018. After Patna High Court CWJC No.22614 of 2018 dt.07-10-2025

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--

Darbhanga, Forbisganj 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

other operators on the same or overlapping routes. Patna High Court CWJC No.22614 of 2018 dt.07-10-2025

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

dated 20.08.2025, directed the petitioner to bring Patna High Court CWJC No.22614 of 2018 dt.07-10-2025

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. 24/2018(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

to the terms of the permit, the relevant legal Patna High Court CWJC No.22614 of 2018 dt.07-10-2025

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