IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.871 of 2009 Gurubachan Singh, son of late Sri Sarwan Singh, At- Bhutta Bazar, Police Station- K. Hat, District- Purnea. …. Petitioner- Appellant Versus 1. The State Of Bihar through Secretary Department of Transport, Patna. 2. The Transport Commissioner, Government of Bihar, Patna. 3. The State Transport Authority, Bihar, Patna through Secretary. 4. Mr. D. N. Jha, The Joint Transport Commissioner, Bihar, Patna. … Respondents For the appellant : Mr. Badri Narayan Singh, Sr. Adv. : Mr. Ashok Kumar Verma, Adv. For the State : Mr. Siddhartha Prasad (AC to AAG- IX) For the intervenor/ : Mr. Randhir Kumar Singh, Adv. respondent ----------- 3. 25.01.2010 Though this matter was listed for admission, on consent of learned counsel for the parties it is finally heard. 2. We have heard Mr. Badri Narayan Singh, learned senior counsel along with Mr. Ashok Kumar Verma, for the appellant, Mr. Siddhartha Prasad, learned counsel for the State and Mr. Randhir Kumar Singh, learned counsel for the intervenor who was added as respondent in the writ application on the basis of an 2 application for intervention. 3. In this intra-court appeal, the assail is to the order dated 2.9.2008 whereby the learned single Judge has affirmed the order passed by State Transport Authority declining to grant permit in favour of the present appellant. 4. On a perusal of the order passed by State Transport Authority, which has been concurred by the learned single Judge, it appears that the appellant has stated that vehicle was registered in the year 2006 though the chassis was of the year 2005. Be it noted, initially the State Transport Authority has observed that it was not appropriate to give permit immediately. On a perusal of order of State Transport Authority it also transpires that there was erroneous statement with regard to the date of acquisition of the vehicle and registration. The learned single Judge has agreed with the State Transport Authority on the ground that there was misrepresentation. 5. We have been apprised at the Bar that in the meantime, the intervenor, the impleaded respondent in the 3 writ petition has been granted temporary permit for a period of four months. As the permit has been granted, we are not inclined to interfere with the permit granted in favour of Mr. Mohan Singh. However, after expiry of period in respect of route -Purnea to Kolkata (the inter State route) it is open for the appellant to file an application by submitting appropriate details. The State Transport Authority will be advised to sit as a collective body and decide the grant of temporary permit in respect of the route and while doing so they would take into consideration the stand of the present appellant that there was no misrepresentation inasmuch as though the chassis was of the year 2005, the registration was of the year 2006 and the same was issued by the competent authority of the State of West Bengal. As we have granted liberty to the appellant, we set aside the order of learned single Judge and that of State Transport Authority. Needless to emphasize that State Transport Authority shall deal with the application for grant of permit of the appellant as well as other applications as per law. 4 6. The appeal is, accordingly, disposed of. No order as to costs. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)