LAWS(PAT)-2000-3-33

RAM NARESH SINGH Vs. STATE OF BIHAR

Decided On March 14, 2000
RAM NARESH SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner is operating a private vehicle for commercial purposes and is using it for plying passengers between Bakhtiyarpur, in the District of Patna, and Harnaut, in the district of Nalanda.

(2.) In this writ petition, he seeks to challenge an order, dated 18-6-1998 (Annexure 1) issued by the Sub-divisional Officer, Barh-cum-Chairman, Notified Area Committee, Bakhtiyarpur, Patna. By the impugned order the Sub-divisional Officer has declared a piece of land, described in the order, as the Taxi stand for Bakhtiyarpur and has taken steps for its settlement for collection of tolls etc. By the same order, the Sub-divisional Officer has fixed the rates of tolls payable by different kind of vehicles. Other conditions for the use of the Taxi stand have also been laid down.

(3.) The grounds on which the petitioner first place it is submitted that following the 74th amendment in the Constitution, S. 388 of the Bihar and Orissa Municipal Act which empowered the Government to constitute a Notified Area Committee was deleted by S. 24 of Ordinance No. 13 of 1994 introduced with effect from 30-5-1994. The aforesaid Ordinance was succeeded by a series of ordinances till the ordinances were finally replaced by Act 2 of 1995, deleting S. 388 of the Bihar and Orissa Municipal Act. Consequent upon the deletion of the provision being the basis for constituting Notified Area Committee, there was no longer any notified area for Bakhtiyarpur in the eyes of law and no order of the kind coming under challenge in this writ petition could, therefore, be issued by the Sub-divisional Officer in his capacity as Chairman of the Notified Area Committee. Reliance in support of the submission is placed upon a decision of this Court in Dwarika Nath Prasad v. State of Bihar (1999) 3 Pat LJR 718.