IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1420 of 2010 In CWJC No. 25 of 2010 With I.A. No. 7969 of 2010 ==================================================== Binod Choudhary, son of late Suraj Narayan Choudhary, resident of Sanskrit Bhawan, At and P.O.-Purnea, District-Purnea ……………… Appellant. 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, Biseshwaraiya Bhawan, Baily Road, Patna. 4. Sri Chandra Bhushan Sharma, son of Sri Ram Manohar Pandey, Resident of Lichi Bagan, P.S.-Kazi Mohammadpur, District- Muzaffarpur. ………….. Respondents ==================================================== Appearance : For the Appellant : Mr. Ashok Kumar Jha, Advocate Mr. Ajay Kumar Jha, Advocate For the Respondent Nos. 1 to 3 : Mr. Shail Kumari, SC-23 Mr. S.K. Ranjan, A.C. to SC-23 For the Respondent No.4 : Randhir Kumar Singh, Advocate Mr. Sunil Kumar Gupta, Advocate. ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR. JUSTICE JYOTI SARAN 2 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 8 01.12.2010 Re. Interlocutory Application No. 7969 of 2010 This application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of 206 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. The Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1420 of 2010 Feeling aggrieved by the judgment and order dated 5th January 2010 made by the learned Single Judge in above C.W.J.C.No.25 of 2010 the appellant-writ petitioner has preferred this appeal under Clause 10 of the Letters Patent. Subject matter of dispute is the renewal of stage carriage permit, earlier granted to the appellant on Chapra- Silliguri route. The petitioner held stage carriage permit on Chapra-Silliguri route until the year 2005. After 2005 his permit was not renewed on the ground that he was in default in payment of taxes. In place of the appellant the permit was granted to the respondent No.4. Feeling aggrieved the appellant preferred Transport Revision No. 20 of 2009 before the Transport Appellate Tribunal, Bihar, Patna. The said revision came to be rejected on 7th October 2009. The said order has been confirmed by the learned Single Judge in above C.W.J.C. No. 25 of 2010. Therefore, the present Appeal. Learned Advocate Mr. Ashok Kumar Jha has appeared for the appellant. He has submitted that the appellant has paid the taxes upto date. He is not in default in payment of taxes nor he was ever in default in payment of taxes. The refusal to renew the permit is based on wrong premise and calls for reconsideration. Learned Advocate Mr. S.K. Ranjan has appeared for the State 3 Authorities. He has relied upon the counter affidavit filed by Officer- on-Special Duty, Department of Transport indicating that the appellant was in default of payment of taxes. Whether the appellant had paid up to date taxes as alleged by him or whether he was in default of payment of taxes as alleged by the State is a disputed question of fact which could not be resolved in a writ petition. 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. However, in view of the disputed questions of fact involved in this Appeal the respondent No.3 will examine the question of taxes paid by the appellant and will record finding whether or not the appellant was in default of payment of taxes. While examining the issue, the respondent No.3 will give an opportunity of hearing to the appellant. The aforesaid exercise will be completed within three months from today. In the event it is found that the appellant has paid the taxes up to date, his application for renewal of stage carriage permit of Chapra-Silliguri route may be considered as and when the question of grant of permit arises. Subject to the above direction the Appeal stands disposed of. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)