IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6404 of 2009 SMT.SAUDAMANI DEVI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Randhir Kumar Singh. ------- 03. 03.12.2009 Vide order dated 20.5.2009 State was directed to file a counter affidavit on the question whether the petitioner is in any manner precluded or barred under the law, more so under the Motor Vehicle Act to seek a temporary Inter Regional Stage Carriage Permit, which has been refused to her vide annexure-4 dated 8.4.2009 on the ground that the petitioner is an old woman. Submission of the learned counsel for the petitioner is that the petitioner has a right under the Constitution of fundamental kind to engage in any trade business. No clause of the Motor Vehicle Act bars her from obtaining a permit on the ground of age. The ambit for grant or non-grant of permit has been laid down under section 71 of the Motor Vehicle Act and if any reason is stated beyond the purview of the provision of section 71 then it is per say arbitrary. Despite indulgence no counter affidavit has been filed on behalf of the State. No assistance has been rendered in the matter on behalf the respondents. A bare reading of section 71 of the Motor Vehicle Act coupled with the reason assigned by the respondent authorities, the Court is of the opinion that the reason is per say arbitrary and de hors the law. Annexuere-4 is quashed. The matter is - 2 - remanded back to respondent no.2 for fresh consideration of the matter in accordance with law. The writ application is disposed of. rkp (Ajay Kumar Tripathi, J)