BIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application under Articles 226 and 227 of the Constitution of India the petitioner has impugned the legality of the order passed by the State Transport commissioner, Bihar, Patna (respondent No. 2) dated 3rd August, 1990 (Annexure-4) nullifying the letter of authority granted to the petitioner by the Secretary, South Chotanagpur Regional Transport Authority, respondent No. 3, for establishing a testing station as envisaged under sub-section (2) of Section 56 of the Motor Vehicles Act, 1988 (to be referred to as "The Act").

(2.) The short question that arises for consideration is as to whether the order as contained Annexure-4 has been passed on mis-interpretation of the relevant provisions relating to the grant of permit for establishing a Testing Station.

(3.) The petitioner holds degree in Production Engineering. On 21-3-1990 the petitioner filed an application in the office of the District Transport Officer, Ranchi in Form 40 as provided under the Central Motor Vehicles Rules, 1989 for grant of letter of authority to establish an authorised Testing Station for the purpose of issue of renewal of a certificate of fitness to transport vehicles.