LAWS(PAT)-2016-7-170

M/S. ANAND TRAVELS THROUGH ITS MANAGING PARTNER NAMELY ANAND KUMAR SINGH SON OF LATE SURESH KUMAR SINGH RESIDENT OF KOLHUA DADAR, P.S. AHIYAPUR, DISTRICT Vs. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF BIHAR, PATNA

Decided On July 14, 2016
M/S. Anand Travels Through Its Managing Partner Namely Anand Kumar Singh Son Of Late Suresh Kumar Singh Resident Of Kolhua Dadar, P.S. Ahiyapur, District Appellant
V/S
The State Of Bihar Through Principal Secretary, Department Of Transport, Government Of Bihar, Patna Respondents

JUDGEMENT

(1.) Heard Mr. Randhir Kumar Singh, learned counsel appearing for the petitioner in the three writ petitions, Mr. Manish Kumar, learned Government Pleader-8 in CWJC No. 8227 of 2016, Mr. Subodh Kumar Mishra, Assisting Counsel to Government Pleader-7 in CWJC No. 8195 of 2016 and Mr. Gyan Shankar, Assisting Counsel to Government Pleader-6 in CWJC No. 8354 of 2016.

(2.) The petitioner is common in the three writ petitions and is aggrieved by the resolution of the Regional Transport Authority, Muzaffarpur (hereinafter referred to as the 'RTA') dated 23.12.2015 insofar as a decision is taken by the 'RTA' to vary the stage carriage permits granted to the permit holders under Sec. 72 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and the Rules framed thereunder so as to restrict them to two trips (up and down), which decision rests on an earlier resolution dated 10.12.2014 of the 'RTA'. Copies of the resolution dated 23.12.2015 of the Regional Transport Authority, Muzaffarpur as well as the proceedings of the meeting dated 10.12.2014 are placed on record at Annexure-3 and 4 to CWJC No. 8227 of 2016 and since these two resolutions are put to challenge in the other two writ petitions as well, hence, I would be referring to the pleadings made in CWJC No. 8227 of 2016 unless clarified by specific reference to the other two writ petitions.

(3.) Facts of the case lie in a very narrow compass. The petitioner has been granted three stage carriage permit under Sec. 72 of 'the Act'. CWJC No. 8227 of 2016 is relatable to a Stage Carriage Permit granted to the petitioner in respect of vehicle bearing registration no. BR-06P-4241 (Model 2007) for Muzaffarpur-Sitamarhi route via Zeromile, Sahbajpur, Dronepur, Jhapha, Runnisaidpur, Belsand and Parsauni for three trips (up and down) which was valid for a period 31.10.2011 to 30.11.2016.