IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14830 of 2008 1. Diwakar, son of Sri. Devendra Prasad Singh, resident of Village-Ayama P.S.-Saraiya District-Muzaffarpur. 2. Ram Sukul Pandey, son of Sri. Rajendra Pandey, resident of Village- Bhado, P.S.-Aurai, District-Muzaffarpur. ……..Petitioners 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. ……..Respondents. ----------- 03. 08.04.2009 Petitioners were granted permit for vehicles having sitting capacity of 25 being permit No. 49/2008 and 43/2008 respectively. By Annexures-3 and 4 being the decision of the North Bihar Regional Transport Authority, Muzaffarpur, the permits of petitioners were cancelled. This cancellation has been challenged on the ground inter alia that once permit has been granted, without notice they can not be cancelled and further permits having been granted for 25 seater buses, during validity of permit they can not be asked to substitute their buses by other buses of different capacity. Counter affidavit has been filed in which it was stated that pursuant to some decision by this Hon’ble Court, a decision was taken to cancel all permits in respect - 2 - of facilities having seating capacity of 25. This decision of Hon’ble Single Judge was reversed in appeal. As a consequence thereof North Bihar Regional Transport Authority, Muzaffarpur has notified on 30.10.2008 that permits would now be granted for 25 seater buses as well and there was no restriction thereon now. In my view, in view of this decision dated 30.10.2008 as contained in Annexure-D to the counter affidavit, the orders of cancellation of permits as contained in Annexures-3 and 4 do not survive and they are declared to be invalid. That being so, the writ petition is allowed and accordingly permits as contained in Annexures-1 and 2 shall now be fully operative. Shageer (Navaniti Prasad Singh, J)