IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6970 of 2010 1. SARAN ZILA BUS TRUCK OWNER KALYAN SAMITI THROUGH ITS PRESIDENT RAJESHWAR SINGH, S/O LATE KAPILDEO SINGH R/O MOHALLA- GANDHI CHOWK, P.S. CHAPRA TOWN, DISTT.- SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE STATE TRANSPORT COMMISSIONER-CUM-SECRETARY, TRANSPORT DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DIVISIONAL COMMISSIONER, SARAN DIVISION, CHAPRA 5. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA, DISTT.- SARAN AT CHAPRA 6. NAGAR PARISHAD, CHAPRA THROUGH THE CHIEF COUNCILOR, P.O. AND P.S. CHAPRA, DISTT.- SARAN AT CHAPRA 7. THE DEPUTY CHIEF COUNCILOR, NAGAR PARISHAD, CHAPRA, P.O. AND P.S. CHAPRA, DISTT.- SARAN AT CHAPRA 8. THE EXECUTIVE OFFICER, NAGAR PARISHAD, CHAPRA, P.O. AND P.S. CHAPRA, DISTT.- SARAN AT CHAPRA 02/ 26.04.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is the registered association of the Bus/ Truck owners plying within the Chapra district and has filed the writ application questioning the notice published by the Nagar Parishad, Chapra dated 5.4.2010 in Dainik Jagaran newspaper, whereunder Parishad has announced 16/17.4.2010 as the date for auction of the different bus/ commercial good vehicles stand situate within the district. 3. It is submitted on behalf of the petitioner that the settlement notice is contrary to the provisions of the Motor Vehicle Act, 1989 and the Rules framed thereunder, as till date the competent authority, namely, the Regional Transport Authority has not notified any place within the town of Chapra as bus stand, as such, there could not be any settlement of the bus stand in question on the date fixed for - 2 - auction. The bus stand is notified by the Regional Transport Authority, as such, petitioner should be well advised to first approach the Regional Transport Authority, Chapra calling upon the Authority to consider the submission that the settlement notice is contrary to the provisions contained in the Motor Vehicle Act and the Rules more particularly Rule 191 of the Motor Vehicle Act, 1992, as till date no place has been identified and notified as bus stand, which could be settled as per the notice dated 5.4.2010. 4. Let the petitioner approach the Secretary, Regional Transport Authority, Saran and file representation highlighting the aforesaid submission, which should be considered in accordance with law by passing reasoned order, as early as possible, in any case within one month from the date of receipt of the representation along with a copy of this order. 5. It goes without saying that the settlement made in the meanwhile shall be subject to the result of the representation 6. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)