IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15881 of 2008 RAJENDRA SINGH son of late Baidnath Singh, resident of village- Dadanpur,Pirmekar,P.S.Mekar,District-Saran. Versus 1. THE STATE OF BIHAR through the Secretary-cum-State Transport Commissioner,Department of Transport,New Secretariat,Bihar,Patna. 2. The Secretary-cum-State Transport Commissioner,Department of Transport,New Secretariat,Bihar,Patna. 3. The Deputy Transport Commissioner-cum-Secretary,North Bihar Regional Transport Authority,Muzaffarpur. ----------- For the Petitioner : Mr. Jai Prakash Verma For the State : Mr. J.P.Karn,AAG-IX Mr. Ashok Kumar Dubey,J.C. to AAG IX ---- 2 7.1.2009 Petitioner was granted Permit no.5 of 2008 in respect of Bus No.BR-06P/3714, which was a 25 seaters City Ride Bus. The permit was for the period 1.9.2008 to 8.1.2013. North Bihar Regional Transport Authority having granted the permit and the permit having been issued then in the next meeting refused to confirm the grant and as such by the impugned communication dated 20.5.2008, the Secretary of the North Bihar Regional Transport Authority informed the petitioner that his permit stood cancelled on the ground of not being confirmed in the subsequent meeting . The petitioner has challenged the said action on three grounds. Firstly , the permit having been granted could only be cancelled on the ground of violation of terms and conditions thereof. Secondly , once the Regional Transport Authority in a meeting took a decision to grant permit, then in law or otherwise there was no requirement of its confirmation in subsequent meeting. Grant once made was final and conclusive and not to subject to review or confirmation and thirdly that once with full knowledge - 2 - permit was granted for 25 seaters vehicle, the same could not be cancelled. Having heard learned counsel for the parties and with their consent, this writ petition is being disposed of at this stage itself. In my view, the facts of the present case are similar to CWJC No. 10279 of 2008, which was disposed of on 4.12.2008.That writ petition was also filed under similar circumstances and was disposed of on the basis of counter affidavit field on behalf of the State. Counter affidavit categorically stated that the State Transport Commissioner having taken note of decision of this Court directed the North Bihar Regional Transport Authority by its communication no.6366, dated 20.10.1988 that there was no justification in putting such a restriction for grant of permit to vehicle of 25 seaters. It is pursuant to the said direction that on 30.10.2008 notice was issued by the secretary of North Bihar Regional Transport Authority that permits would be granted for 25 seaters buses as well and accordingly the order canceling the permit stood cancelled and/or withdrawn. In my view, in view of the impugned order having been withdrawn, the writ petition was disposed of and this Court further observed that it was improper on the part of the Regional Transport Authority to sit for confirmation of grant after having made the grant. Having considered the matter, in my view, this writ petition is also against similar action of the North Bihar Regional Transport Authority.That being so, in view of the two orders, as discussed above of the Transport Authorities, the impugned order - 3 - passed by the secretary of North Bihar Regional Transport Authority in relation to petitioner’s permit cannot be sustained. The same is set aside and the petitioner would be free to use and utilize the permit for the entire period , in question. The writ petition is allowed. Let a copy of this order be given to learned counsel for the State. singh (Navaniti Prasad Singh)