Citation : 2025 Latest Caselaw 4069 Patna
Judgement Date : 10 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23396 of 2018
======================================================
Praween Kumar Singh Son of Sri Shyam Nandan Prasad Singh, Resident of
Marwari School Road, P.O.- Lalgarh, P.S. Darbhanga Town, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Transport,
Government of Bihar, Bishwashraiya Bhawan, Bailey Road, P.O. and P.S.
Patna.
2. The State Transport Commissioner, Department of Transport, Government
of Bihar, Bishwashraiya Bhawan, Bailey Road, P.O. and P.S. Patna.
3. The Member Board of Revenue-Cum-Chairman, State Transport Authority,
Bihar,Patna.
4. The Divisional Commissioner Cum Chairman, Regional Transport
Authority, Darbhanga office Situated at Divisional Commissioners
Compound, Laheriasarai, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Jha, Advocate
For the Respondent/s : Mrs.Anuradha Singh, SC-21
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 10-10-2025
1. The writ petition is filed for the following
reliefs:-
"For issuance of an appropriate
writ/writs, order/ orders or direction/
directions, in the nature of writ of
mandamus commanding and directing
the Respondents to dispose of the
representation filed by the petitioner
Patna High Court CWJC No.23396 of 2018 dt.10-10-2025
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before Secretary, Transport Department,
Government of Bihar, Patna (Respondent
no 1) dated 13.8.2018 (Annexure-5) and
representation dated 11.7.2018
(Annexure-2) filed before Chairman,
Regional Transport Authority, Darbhanga
(Respondent no. 4) in which the
Petitioner prayed before them to
immediately stop the bus service
operated on the route Kusheshwar
Asthan to Delhi and from other places to
Delhi without any valid permit or
obtained the tourist permit but operated
as Stage Carriage damaging the service
of this petitioners and also put the State
Exchequer in heavy revenue loss.
And/Or
Direct the respondents to
immediately stop such illegal operation
of bus on the route Laheriasarai to Delhi
and from other places to Delhi which are
being operated by the persons without
obtaining any valid route permit in this
regard.
And/Or
Pass such other order or orders
as your Lordships may deem fit and
proper in the facts and circumstances of
this case."
Patna High Court CWJC No.23396 of 2018 dt.10-10-2025
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2. The brief facts as culled out of the writ
petition are that petitioner holds regional and inter
regional permit which is classified as under:-
Permit Bus No. Route Validity
No.
73/2015 BR-7P-2862 Darbhanga to 6.2.2015 to
KusheshwarAsthan 5.2.2020
239/2015 BR-7P-7832 KusheshwarAsthan 28.2.2015 to
to Mithapur Patna 27.2.2020
238/2015 BR-7P-3617 Darbhanga to 28.2.2015 to
KusheshwarAsthan 27.2.2020
663/2014 BR-7P-2876 Darbhanga to 19.9.2014 to
KusheshwarAsthan 28.9.2019
632/2014 BR-7P-2535 Darbhanga to 9.4.2014 to
KusheshwarAsthan 8.4.2019
613/2014 BR-7P-2328 Darbhanga to 28.8.2014 to
KusheshwarAsthan 27.8.2019
3. On the basis of the permits issued by the
Regional Transport Authority, Darbhanga, the
petitioner is operating regional and inter-regional bus
services and serving the travelling passengers on the
permitted routes. There are two categories of routes
under the Motor Vehicles Act, 1988; one is
Regional/Inter-Regional routes covering one or more
region lying within the State, for which permits are
issued by the concerned Regional Transport Authority
Patna High Court CWJC No.23396 of 2018 dt.10-10-2025
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or the State Transport Authority, Bihar and other is
Inter-State routes, covering more than one State, for
which permits are issued solely by the State
Transport Authority under Section 88 of the Motor
Vehicles Act, 1988, subject to reciprocal transport
agreements between the States concerned.
4. The State of Bihar has entered into
reciprocal transport agreements with the States of
Uttar Pradesh, West Bengal, Jharkhand, and
Chhattisgarh. However, no such agreement exists
with the NCT of Delhi as on date. The petitioner has
brought to the notice of the authorities that certain
buses bearing registration numbers of the State of
Uttar Pradesh were operating from Kusheshwar
Asthan to Delhi via Darbhanga without any valid
inter-State route permit issued by the competent
authority, i.e., the State Transport Authority, Bihar.
According to the petitioner, these buses are
operating as stage carriage vehicles and affecting
the petitioner's lawful business. The petitioner, on
11.07.2018
, filed an application before the Divisional
Commissioner-cum-Chairman, Regional Transport Patna High Court CWJC No.23396 of 2018 dt.10-10-2025
Authority, Darbhanga, giving list of five buses
alleged to be operating without any valid permit.
Prior to this, on 06.07.2018, the son of petitioner
namely, Pratik Kumar Singh, also filed an application
through registered post. Another complaint was also
filed before the Secretary, Regional Transport
Authority, Darbhanga on the same date. A meeting
was fixed by the Transport Department on
10.08.2018, inviting all the persons to address the
problem related to transport operation including the
petitioner's. During the meeting, the Chairman, State
Transport Authority, Bihar, Patna asked the petitioner
and others to submit their suggestions in writing.
Accordingly, the petitioner submitted a detailed
written submission-cum-complaint highlighting the
issue of illegal operation of buses on the Darbhanga-
Delhi route. The minutes of the meeting held on
10.08.2018, was published on the official website of
the Transport Department on 23.08.2018, but there
was no reference or mention of the issues raised by
the petitioner concerning the illegal inter-State
operations.
Patna High Court CWJC No.23396 of 2018 dt.10-10-2025
5. The present writ petition was filed in the
year 2018. However, no counter affidavit has been
filed by the respondents.
6. It is the specific contention of the Learned
counsel for the petitioner that the representation of
the petitioner is still pending before the concerned
authorities.
7. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
State. Considering the nature of the grievance
raised, this Court deems it appropriate to direct the
respondent authorities to dispose of the
representation/complaint of the petitioner in
accordance with law, within a period of three months
from the date of receipt of a copy of this order.
8. With the aforesaid direction, the writ
petition shall stand disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 15.10.2025 Transmission Date
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