AMAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner holds a permanent permit for plying a passenger bus from Patna to Bhabua via Bihta, Arrah, Jagdishpur, Sonbarsa, Maliyabag, Dinara Kochas, Parsathya, Mohania. The timing assigned to the Petitioner is departure from Patna at one minute past 12 P.M. and in the return journey the departure from Bhabua at 51 minutes past 6 A.M. It appears that on the same route a tern porary permit for six months commencing from 4.6.2001 was granted to Respondent No. 5 with exactly the same timing of departure from Patna and five minutes ahead of the Petitioner's departure in the return journey from Bhabua. Aggrieved by the grant of the temporary permit for the same route and with the same timing the Petitioner has come to this Court challenging the grant of temporary permit to Respondent No. 5.

(2.) In the writ petition it is stated that Respondent No. 5 had made an application for grant of temporary permit from Patna to Ramgarh; a photo stat copy of the certified copy of the application submitted by Respondent No. 5 is at Annexure-2 and this bears out the ^submissions made on behalf of the, Petitioner. From this alone it appears that the temporary permit was granted to Respondent No. 5 without much application of mind by the authorities and without even verifying the necessary facts from his application.

(3.) Faced with this position Mr. Singh, learned Counsel appearing for Respondent too. 5 did not seriously resist the application. Mr. Singh, however, stated that Respondent No. 5 was a retired army personnel and he has received the bus from Government for the maintenance of him family. He had made an application for permanent permit from Patna to Bhabua which was lying undisposed of before the authorities for a long time. Mr. singh submitted that he would be satisfied with a direction to the authorities to Bnsider and pass a final order on his application for the grant of a permanent permit from Patna to Bhabua.