IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16409 of 2011 Vinod Kumar Roy S/O Late Tej Narayan Roay Resident Of Mohall Lohiya Nagar, East To K. Oil Depot, Ward No. 9 P.S. And District – Supaul----------------------Petitioner Versus 1. The State Of Bihar 2. The Secretary Department Of Transport, Government of Bihar, Patna 3. State Transport Commissioner, Bihar, Patna 4. The Joint State Transport Commissioner, Bihar, Patna 5. The Joint Secretary, Tr4ansport Department, Government of Bihar, Patna 6. The Principal Secretary Water Resources Department (Minor Irrigation), Government of Bihar, Patna 7. The District Magistrate, Saharsa 8. The District Magistrate, Supaul-----------Respondents ---------------------------------- 2 15.11.2011 Heard learned counsel for the parties. It is unfortunate that despite the High Court permitting the petitioner to pursue the remedy of appeal vide its order dated 7.11.2009, due to pendency of alternative remedy, the appeal filed by the petitioner before the Minister, Transport dated 22.12.2009 has not been decided till date. These are cases in which at times the Court is compelled to record that alternative remedies are illusory remedy because the concerned authorities are not willing to perform their statutory duty well within time. It is another matter that vehement submission is made at the bar on behalf of the State about availability of such remedy when a citizen approaches the High Court alleging violations. Certain amount of introspection is required at the level of the government on this score. The Court expects that the appellate authority who happens to be the Hon’ble Minister, Transport to find time to perform his statutory duty as well by hearing and deciding the appeal of the 2 petitioner at least now preferably within a period of three months from the date of communication or production of a copy of this order as much time has any way elapsed since the filing of the appeal. This writ petition is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)