IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.125 of 2011 IN Letters Patent Appeal No. 1420 of 2010 IN Civil Writ Jurisdiction Case No. 25 of 2010 WITH Interlocutory Application No. 2887 of 2011 IN Civil Review No. 125 of 2011 ====================================================== Binod Choudhary, Son of late Suraj Narayan Choudhary, resident of Sanskrit Bhawan, At and P.O.-Purnea, District-Purnea. .... .... Appellant-Petitioner Versus 1. The State of Bihar, Principal Secretary, Department of Transport, Bihar, Patna. 2. The Chairman, State Transport Appellate Tribunal, Bihar, Patna. 3. The State Transport Authority, Bihar through Secretary, Bisheshwaraiya Bhawan, Baily Road, Patna. 4. Sri Chandra Bhushan Sharma, son of Sri Ram Manohar Pandey, Resident of Lichi Bagan, P.S.-Kazi Mohammandpur, District- Muzaffarpur. .... .... Respondents – Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar Jha, Advocate with Mr. Dhirendra Nath Jha, Advocate For the Respondents : Mr. S.K. Ranjan, A.C. to SC-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 27-06-2011 Interlocutory Application No. 2887 of 2011: The delay of one month and 12 days occurred in Patna High Court C. REV. No.125 of 2011 (4) dt.27-06-2011 2 / 2 2 filing the Civil Review Application is condoned. Interlocutory Application stands disposed of. Civil Review No. 125 of 2011: This application for review of our order dated 1st December 2010 made on above Letters Patent Appeal No.1420 of 2010 is filed by the appellant. Learned Advocate Mr. Ashok Kumar Jha has appeared for the appellant. He has submitted that though the entire order is in favour of the appellant, the lines, “Further the appellant cannot be granted permit with retrospective effect from 2005. In view of passage of time the cause of action has become infructuous”, are being interpreted by the respondent authorities so as to refuse the renewal of transport permit in terms of Section 81(5) of the Motor Vehicles Act, 1988. On the facts and in the circumstances of the case, the aforesaid lines, though are not meant to circumscribe the powers of the respondent authority to renew the permit in accordance with Section 81(5) of the Motor Vehicles Act, 1988, with a view to removing doubt, are ordered to be deleted from our order dated 1st December 2010. The Review Application stands allowed in the above terms. Our order dated 1st December 2010 will stand corrected to the aforesaid extent. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)