SANJAY KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner who is the Vice-Chairman, Nagar Panchayat (Jhajha), Jamui seeks mandamus commanding the respondents to transfer the power of settlement of Bus Stand, Taxi Stand from Zila Parishad, Jamui to Nagar Panchayat, Jhajha in view of Article 243-W read with Schedule Twelfth, Item No. 17 of the Constitution read with Section 11A, Item No. XVIII of Bihar and Orissa Municipal Act, 1922. A direction has also been sought to allow the Nagar Panchayat (Jhajha), Jamui to make settlement of bus-stand and collection of toll. It is relevant to state at this juncture that Bihar and Orissa Municipal Act, 1922 has been repealed and replaced by Bihar Motor Vehicles Act, 2007 (sic--Bihar Municipal Act, 2007) and the relevant provision in the context is Section 45(a)(vi) of the Bihar Motor Vehicles Act, 2007 (sic--Bihar Municipal Act, 2007).

(2.) Shorn of details, the facts of the case in brief is that in the year 2000, the Deputy Commissioner-cum-Secretary, Regional Transport Authority, Munger granted approval for establishing a bus stand at Jhajha under Rule 191 of Motor Vehicles Rules, 1992 on Plot No. 102, Khata No. 88 measuring an area of 1.85 acres in its communication dated 10.1.2000 addressed to the District Officer, Jamui. The plot and the land belonged to Zila Parishad. As the approval to set up bus stand was granted on land which belonged to the Zila Parishad, the latter seemingly has been of the view that it alone would have right to run the Bus/Taxi-Maxi stand. In the year 2005, the Nagar Panchayat opposed settlement of the bus stand by Zila Parishad, which was rejected vide memo no. 281 dated 25.4.2005 by the District Officer, Jamui. Since then the Zila Parishad is settling the bus stand which admittedly is within territorial limits of Nagar Panchayat.

(3.) The Nagar Parishad again made objections vide letter no. 106 dated 8.4.2008 and requested the District Officer, Jamui to settle the dispute of bus stand and collection of toll as the site approved by Transport Authority was within its territorial limit. The District Officer vide his letter dated 23.3.2009 referred the matter of settlement of bus stand to the Principal Secretary, Urban Development and Housing Department, Bihar, Patna on 23.3.2009. The District Officer stated in its letter that Agar Panchayat is making claim that it alone would have right to run bus stand within its area and as such the settlement of bus stand be transferred to it. The District Officer thus sought guidance of the Government, the Department of Urban Development Department on the matter. The Principal Secretary, Revenue and Land Reform Department, Government of Bihar in his letter dated 28.8.2008 addressed to all the Collectors asked them to ensure transfer of bus/taxi stand, ferry services existing in urban areas to urban bodies in terms of Departmental Resolution No. 613(9)RA, dated 7.7.2006. But there was no response from the Urban Development Department. The Zila Parishad, Jamui as usual continued to settle the bus stand on its land and vide memo no I 17/Zi.P dated 24.2.2009 also started process of settlement of bus stand for the year 2010-11.