IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8810 of 2010 Phuleshwar Paswan, S/O Bindeshwar Paswan, R/O Vill.- Jahangirpur, P.O.- Lagma, P.S.- Singhia, Distt.- Samastipur Versus 1. The State Of Bihar Represented Through The Chief Secretary, Govt. Of Bihar, Patna. 2. The Deputy Inspector-General Of Police, Darbhanga Region, Darbhanga 3. The District Magistrate, Darbhanga 4. The Joint Commissioner-Cum-Secretary, Darbhanga Regional Transport Authority, Darbhanga. For the petitioner :Mr. Shivaji Pandey, Advocate. Mr. Avinash Kumar, Advocate. Mr.Ajeet kumar, Advocate. For the State :AC to G.P. -XX. ----------- 7. 29.11.2010 1. Heard learned counsel for the petitioner and learned counsel for the Respondents State of Bihar and its authorities. 2. This writ petition has been filed for direction to the respondents to issue permit required for running the transport vehicle, which was sanctioned by the Darbhanga Regional Transport Authority, Darbhanga to the petitioner’s Mini Bus bearing Registration No. BR-07P/2600 duly registered in the name of the petitioner, in its meeting convened for the purpose on 08.12.2009 (Annexure-6) and also to restrain the authorities concerned from causing any harassment and coercion of financial hardship to the petitioner to pay instalment without plying the said vehicle on road and for other ancillary reliefs. 3. From the facts and circumstances of the case, it is quite apparent that the petitioner had applied for the aforesaid permit, which was considered along with other applications by the 2 Darbhanga Regional Transport Authority and after considering the documents and payment of the requisite fees, the said authority approved the application of the petitioner in its meeting dated 08.12.2009(Annexure-6). It also transpires that in spite of the aforesaid facts the authorities concerned are not issuing the relevant permit to the petitioner on the ground that certain documents were not filed by the petitioner. This appears to be a false pretext as all the relevant documents had clearly been filed by the petitioner before the authority and even the tax token of 2009-10 had been admittedly filed as it has been made Annexure- B to the respondents’ counter affidavit and all the documents have also been annexed as Annexure-7 to this writ petition. 4. The respondents have come up with a case that they had sent letter to the petitioner to supply certain documents but the petitioner has not replied the said letter. In support of their said statements, they have produced certificate of posting as Annexure-S series to their supplementary counter affidavit, but the said annexure appear to be unreliable and untrustworthy as such letter should have been sent by registered post and even dates given in the said postal certificate contain over writings. Apart from the aforesaid fact, it is quite apparent that when the petitioner had already supplied the documents to the authority concerned, there was no occasion for the District Transport Officer, Darbhanga to issue such letter. 5. In the above mentioned circumstances, it is well proved that the claim of the petitioner was wrongly denied and 3 hence this writ petition is allowed and the respondents are directed to issue permit to the petitioner for the purpose for which it had been approved by the Darbhanga Regional Transport Authority vide its minutes dated 08.12.2009(Annexure-6) expeditiously preferably within a period of one month from the date of receipt/production of a copy of this order. Sujit (S.N.Hussain,J.)