IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10279 of 2008 DIWAKAR, SON OF SRI DEVENDRA PRASAD SINGH, RESIDENT OF VILLAGE AYMA, P.O. BUDDHA, P.S. SARAIYA, DISTRICT MUZAFFARPUR ………………………………… PETITIONER 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 COMMISSISONER, DEPARTMENT OF TRANSPORT, NEW SECRETARIAT, BIHAR PATNA 3. THE DEPUTY TRANSPORT COMMISSIONER –CUM- SECRETARY, NORTH BIHAR REGIONAL TRANSPORT AUTHORITY ……………………………….. RESPONDENTS ******* FOR THE PETITIONER :- MR. JAI PRAKASH VERMA, ADVOCATE FOR THE S T A T E :- MR. STANDING COUNSEL NO. 14. ******* 5 04.12.2008 In view of the statements made in the counter affidavit, the grievance of the petitioner with regard to wrongful cancellation of his two State Carriage road permits has been met by the respondents itself. His permits have been restored. This would have ordinarily been enough to dispose of the writ application. But, I wish to point out that as noticed in my earlier orders in these proceedings, this Court noted a very strange sequence of events. Under the provisions of the Motor Vehicle Act, 1985, a person desiring to obtain a Stage Carriage permit has to apply to the Regional Transport Authority. On such application being made, the matter is considered by the Regional Transport Authority and then, if there be any objection, the permit is granted. Once, such an order granting the permit in relation to a person - 2 - and a vehicle is passed, the grant is completed and is only to be followed by issuance thereof which is mere paper formality. What this Court noticed was that permits are first granted, issued and then to grant this is again taken up by the Regional Transport Authority for confirmation. In my view, there is no such provision or scheme under the Act or the Rules framed thereunder. A temporary or a permanent permit once granted for a fixed period does not require confirmation after its issuance. In case, any further enquiry is due then it ought not to be granted at all at the first instance but once it is granted, the transaction for all matters is complete. This strange, unauthorized, illegal practice must stop. It has no sanction of law, nothing has been shown by the learned Counsel for the State. Needless to say that the orders by which the permits granted to the petitioner were not confirmed by the North Bihar Regional Transport Authority stands cancelled/withdrawn. The petitioner would be free to operate his bus for the period of the permit. Let this order be communicated to the State Transport Commissioner for communication to all the Regional Transport Authority. The writ application stands disposed of. Anand (Navaniti Prasad Singh)