KRISHNA KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petitioner is filed for the following reliefs:-

(2.) It is a case of the learned counsel for the petitioner that the petitioner has applied for renewal of licence and the authorities have rejected the same on the ground that the petitioner is due an amount of Rs.6,42,000.00 to the BSRTC i.e. Respondent No. 6 and, therefore, the renewal of the licence to the petitioner cannot be granted. Learned counsel for the petitioner has stated that the said action of the respondents is contrary to the provisions of the Motor Vehicle Act and also the judgment of the Hon'ble Supreme Court in the case of Mithilesh Garg and Ors. Vs. Union of India (UOI) and Ors. reported in 1992 1 SCC 168. Further, the learned counsel has stated that that the official respondents are relying on letter no. 9004 dtd. 6/9/1991 to reject the renewal of the petitioner. Learned counsel has also stated that the said letter no. 9004 dtd. 6/9/1991 on which reliance has been placed by the official respondents was subject matter of a CWJC No. 3096 of 1996 before this Hon'ble Court and this Hon'ble Court vide order dtd. 23/8/1996 has set aside the said letter.

(3.) In the counter-affidavit filed by the respondents, it is specifically stated that the petitioner was due a sum of Rs.6,42,000.00 to the Respondent No. 6. That based on the letter written by Respondent No. 6 BSRTC the authorities have rejected the application of the petitioner for renewal of license. Learned counsel for the respondents has prayed for dismissal of the writ petition.