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1991 Supreme(Pat) 19

S.B.SINHA, R.N.SAHAY
Palamau Zila Transport Association And Banwari Lal Agarwala – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.B.Sinha, J.

1. All these writ applications involving common questions of law and fact were heard together and are being disposed of by this common judgment.

2. In these cases, the validity and/or legality of the order, dated 22nd June, 1988 as contained in Annexure-3 to the C.W.J.C. Nos. 1300, 2172 of 1988 (R) and Annexure-2 in C.W.J.C. No. 1107/88 (R) and order dated 12-1-1990 (Annexure-3 to C.W.J.C. 1221/90 (R) are in question.

3. By reason of the said purported orders issued from the Office of the State Transport Commissions, Bihar, Patna, all the District Transport Officers were directed to accept surrender of the licenses granted to them in terms of the provisions of Bihar Motor Vehicles (Taxation) Act, 1930 (hereinafter called and referred to for the sake of brevity as the said Act) only if the applicants therefore fulfill the following conditions:-

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(a) if the vehicle is involved in any accident resulting in extensive damage;

(b) if the vehicle is seized by the police and had been in seizure for a period of one month;

(c) major repairs of the vehicles which are expected to take more than one month.

4. According to the petitioners, in terms of the provisions of the




















































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