Patna High Court
Girdhari YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner may approach the Joint Commissioner cum Secretary, Regional Transport Authority, and disposed of the writ petition without adjudicating the merits.
Summary
The petitioner Girdhari Yadav filed a writ petition seeking a court order directing the District Magistrate of Samastipur to issue a parwana and renew the license for his auto stand for the year 2023‑24, for which he had deposited Rs 33,750, and also to direct the authorities to collect the second instalment. The relief also included an order that the respondent authorities receive the second instalment for conducting the auto stand. The petitioner’s counsel indicated that he would approach the Joint Commissioner cum Secretary, Regional Transport Authority, Darbhanga, for the matter. The High Court, without commenting on the merits, allowed the petitioner to approach the appropriate authority and disposed of the writ petition. No substantive findings on the entitlement to the license or the payment were made, and any interlocutory applications were also dismissed.
Issues considered
- Whether the petitioner is entitled to a writ directing the District Magistrate to issue a parwana and renew the auto‑stand license for FY 2023‑24
- Whether the court can direct the respondent authorities to receive the second instalment of the licence fee
Subjects
- auto stand
- license renewal
- parwana
- writ petition
- High Court
- administrative law
- transport department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11279 of 2023
======================================================
Girdhari Yadav son of Sri Krishna Mohan Yadav, resident of village
Jahangirpur, P.S. Singhia, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Transport Department, Bihar,
Patna.
2. The Secretary, Transport Depratment, Bihar, Patna.
3. The Secretary, Department of Revenue, Land Reforms, Government of
Bihar, Patna.
4. The State Transport Commissioner, Transport Department, Bihar, Patna.
5. The Joint Commissioner cum Secretary, Regional Transport Authority,
Darbhanga.
6. The District Magistrate, Samastipur.
7. The Incharge Officer, District General Section, Samastipur.
8. The District Transport Officer, Rosera, District Samastipur.
9. The Sub Divisional Officer, Rosera, District - Samastipur.
10. The Circle Officer, Hasanpur, District Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate
For the State : Mr. Anil Kr. Singh, GP-26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for giving order/orders, direction/
directions commanding the Respondents
especially Respondent No. 6, the District
Magistrate, Samastipur to issue parwana as well
as renewal of license of Auto Stand of the
Patna High Court CWJC No.11279 of 2023(2) dt.07-04-2026
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petitioner for the year 2023-24 for which
petitioner has deposited Rs. 33,750/-through the
Challan and also give order or direction to the
Respondent authorities to receive the second
installment for the year 2023-24 for conducting
the Auto stand by the petitioner.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the Joint
Commissioner cum Secretary, Regional Transport Authority,
Darbhanga in the matter.
4. Without commenting on the merit of the case,
allowing the petitioner to approach the concerned authority, the
writ petition is disposed of.
5. Interlocutory Application, if any stands disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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