SUSHIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 7th January, 2008 passed by the single judge, whereby he allowed the Writ petition filed by the present respondent no.5 and quashed and set aside the permit issued to the present appellant for plying the minibus having capacity of 33 passengers from Gaya to Dumaria.

(2.) BEREFT of unnecessary details, few relevant points may be noticed by us. On 11th December, 2006, Magadh Regional Transport Authority, Gaya sanctioned the time table proposed by the appellant and granted him permit for the route Gaya to Dumaria via Cherki, Sherghaty, Imamganj, Maigra. The permit was granted for one trip daily of the vehicle bearing no. BR -2F -8865 (minibus). The distance between Gaya to Dumaria is said to be 82 Kilometers which overlaps nationalized route of 32 Kilometers. For the sake of convenience, we shall refer the present appellant, 'permit holder '. The present respondent no.5 ( for short, 'the petitioner1) approached this court, by filing a writ petition challenging the grant of permit to the permit holder on the ground that no permit of minibus could be granted to ply on long distance route. That 82 Kilometers was long c istance was sought to be established by relying upon the proceedings of the Magadh Regional Transport Authority, Gaya that took place on 7th February, 2006, wherein a decision was taken that permits shall be given to minibuses for the route which do not have, distance of more than 50 Kilometers and the total distance covered in the day does not exceed 200. Kilometers. He also relied upon he Circular issued by the Commissioner -cum -Secretary, Transport Department, on 14th February, 1996. A counter affidavit was filed by the permit holder in opposition to the writ petition, wherein a plea was set up that there is no clash of timing between the objector and the permit holder and, therefore, the writ petition at his instance was not maintainable. it was also brought to the notice of the court that Magadh Regional Transport Authority, Gaya had amended its earlier resolution whereb the bus of less than 53 seats are treated in the category of minibus and are entitled to grant of permit for the route distance upto 200 Kilometers. It is also his stand in the counter affidavit that Magadh Regional Transport Authority also in his meeting held on 10th October, 2006, resolved to grant permit to a minibus having more than 26 seats for a Stage Carriage Permit and as such permit has been granted by the authority to the appellant treating his bus having capacity of 33 seats.

(3.) THE single judge was of the view that the seat capacity of the minibus was 33 and stage carriage permit can not be granted exceeding a distance of 50 Kilometers. In view of the isingle judge, a route distance exceeding 50 Kilometers is a long distance and for that Stage Carriage Permit can be granted only to 53 seater bus. It was also held by the single judge that the grant of permit suffered from inherent lack of jurisdiction. Consequently, he quashed the permit granted on 11th December, 2006 to the permit holder.