Patna High Court
All India Motor Transport Congress vs Union Of India on 24 November, 2021
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19225 of 2021
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All India Motor Transport Congress Having its Head Office at 1/16A, Asaf
Ali Road, New Delhi- 110002 through its Secretary General, Naveen Kumar
Gupta (Male), aged about 49 years, Son of Late Shri Suresh Chand Gupta,
Resident of B 4/43- B, LIG, DDA Flats, Ashok Vihar Phase 2, H.O. North
West Delhi, Police Station- Ashok Vihar, Delhi- 110052.
... ... Petitioner/s
Versus
1. Union of India through Secretary (Transport), Ministry of Transport and
Highway, Transport Bhawan, 1, Parliament Street, New Delhi- 110001.
2. National Highways Authority of India through its Chairman G 5 and 6,
Sector-10, Dwarka, New Delhi- 110075.
3. The State of Bihar through Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
4. The Department of Transport, Government of Bihar through Secretary
(Transport), Vishwesaraiya Bhawan, Bailey Road, Patna- 800015.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Avinash Chandra, Advocate
Mr. Apurva Kumar, Advocate
Mr. Kumar Vikram, Advocate
For the Respondent/s : Mr. Dr. K. N. Singh, ASG
Mr. Radhika Raman, CGC
Mr. Ajay Kumar Rastogi, AAG-10
Mr. Shri Nath Pathak, SC-NHAI
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-11-2021
Petitioner has prayed for the following relief(s):-
"1.(i) For quashing of the Gazette
Notification no. 943, Patna Published on
16.12.2020by the Government of Bihar in the Official Gazette, Bihar and General Notification no. San. 03/overloading (dala Nirdharan)-0112020 pari. 8536 issued on 16.12.2020 by the Department of Transport, Bihar being ultra vires, Patna High Court CWJC No.19225 of 2021 dt.24-11-2021 2/3
(ii) Seeking enforcement of the fundamental rights guaranteed to the petitioner and his fellow truck owners under Article 14, 19(1)(d), 19(1)(g) and 21 of the Constitution of India and
(iii) Further for grant of all other relief or reliefs to which the petitioner is found entitled during the course of hearing of the writ application."
Learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to approach Respondent No. 4, namely the Department of Transport, Government of Bihar through Secretary (Transport), Vishwesaraiya Bhawan, Bailey Road, Patna-
800015.
Permission granted.
Petition stands disposed of as withdrawn with liberty to the petitioner to approach Respondent No. 4, namely, the Department of Transport, Government of Bihar through Secretary (Transport), Vishwesaraiya Bhawan, Bailey Road, Patna-800015 by filing a representation along with a copy of this order and the said respondent shall decide the same in accordance with law within a period of four weeks from the date of filing of the representation.
Liberty also reserved to the petitioner to approach this Patna High Court CWJC No.19225 of 2021 dt.24-11-2021 3/3 Court afresh on the same and subsequent cause of action, should the need so arises subsequently.
We have not expressed any opinion on merits. All issues are left open.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 26.11.2021 Transmission Date