Patna High Court
Gopal Dutta Shukla,versusThe Bihar State Road Transport Corporation
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The petition was dismissed as withdrawn due to the absence of a representation, without addressing the substantive claims.
Summary
Gopal Dutta Shukla filed a writ petition seeking a copy of an order that allegedly barred his discharge from the Bihar State Road Transport Corporation (BSRTC) during a period of compulsory retirement (08‑10‑2004 to 28‑11‑2007) and demanded payment of salary, dearness allowance and other benefits with interest. The BSRTC, through senior counsel, raised a preliminary objection that the petitioner had not filed any representation and characterized him as a habitual litigant. The court, without examining the merits, noted the lack of representation and allowed the petitioner to withdraw the petition, granting him liberty to pursue his remedy in the appropriate forum. Consequently, the writ petition was dismissed as withdrawn.
Issues considered
- What procedural requirement of filing a representation must be satisfied before a writ of mandamus can be entertained?
- Whether the court can proceed to decide the substantive claims in the absence of a representation.
Subjects
- writ petition
- mandamus
- representation
- procedural requirement
- habitual litigant
- withdrawal
- civil writ jurisdiction
- Bihar State Road Transport Corporation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4863 of 2022
======================================================
Gopal Dutta Shukla, Son of Late Ram Nath Shukla, resident of Mohalla-
Muradpur Dulla, P.S.-Ahiyapur, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The Bihar State Road Transport Corporation through its Administrator.
2. The Administrator, BIhar State Road Transport Corporation, Parivahan
Bhawan Beerchand Patel Path, Patna.
3. The Chief of the Administration BIhar State Road Transport Corporation,
Parivahan Bhawan Beerchand Patel Path, Patna.
4. The Chief of the Operation BIhar State Road Transport Corporation,
Parivahan Bhawan Beerchand Patel Path, Patna.
5. The Chief Accountant Officer BIhar State Road Transport Corporation,
Parivahan Bhawan Beerchand Patel Path, Patna.
6. The Regional Manager Muzaffarpur BIhar State Road Transport
Corporation, Regional Officer Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Respondent/s : Mr. P.K. Verma, Sr. Advocate
Mr. Suman Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 20-01-2026 Heard learned counsel for the petitioner and learned
Senior counsel for the Bihar State Road Transport Corporation.
2. The present writ petition has been filed for the
following relief/s:-
“That this is an application praying for
issuance of writ/ writs certiorari or
appropriate in nature for directing and
commanding to the respondents for
supply copy of the order passed by the
respondents whereby and where under it
Patna High Court CWJC No.4863 of 2022(4) dt.20-01-2026
2/3
has been ordered that the petitioner has
not discharged his duty in Bihar State
Road Transport Corporation due to
punishment from the date of his
compulsory retirement from service
dated 08.10.2004 to 28-11-2007 till the
date of re- instate in service which has
been stated in counter affidavit filed on
behalf of the respondents in S.L.P. No.
13032/2017 in Hon'ble Supreme Court
if not supply the same then further
praying for direction to the respondents
for make payment of entire salary, D.A.
and other benefit with statutory interest
of the petitioner from the date of his
compulsory retirement from service
dated 08.10.2004 to 28.11.2007 till the
date of re-instate in service in the
B.S.R.T.C. which has not been paid to
the petitioner till the date when ever the
petitioner found innocent in
Departmental proceeding and exempted
from entire charges also compulsory
retirement from service has been treated
as working period of the petitioner by
the order of the administrator.”
3. Learned Senior counsel appearing for the Bihar
State Road Transport Corporation raised a preliminary objection
Patna High Court CWJC No.4863 of 2022(4) dt.20-01-2026
3/3
and submits that a writ of mandamus has been sought for, but no
representation has been filed on behalf of the petitioner. Senior
counsel further submits that the petitioner is a habitual litigant
and series of litigations have been filed by him.
4. However, without entering into the merits or
demerits of the case and since no representation has been filed,
the petitioner seeks permission to withdraw the present writ
petition with liberty to avail his remedy before the appropriate
forum in accordance with law.
5. Accordingly, the present writ petition stands
dismissed as withdrawn with the aforesaid liberty.
(Dr. Anshuman, J)
Aman Kumar/-
U
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