JUDGMENT

Partha Sarthy, J. - Heard learned counsel for the petitioner and learned counsel for the respondents through video conferencing.

2. The petitioner has filed the instant application by way of a public interest litigation for the following reliefs:

"a. to issue writ of Mandamus or any other writ, rule or direction to the Respondent no. 3 to ensure registration and insurance of vehicles about 925 of Patna Municipal Corporation (hereinafter referred to as 'Corporation') which are using for the purpose of collecting garbage from its jurisdiction and may also direct Respondent authorities to ensure the collection of revenue loss caused by non- registration and non-insurance of the vehicles of the Corporation.

b. And may give any other relief/reliefs for which the petitioner is entitled in law. "

3. The case of the petitioner in brief is that he came across a news article in the hindi daily newspaper namely, 'Dainik Bhaskar' on 29.3.2019 and 22.7.2019 which contained a news that the Municipal Corporation, Patna was operating its vehicle on road for collecting garbage without registration and insurance. Pursuant to the said news article, the petitioner filed a representation before the Municipal Commissioner and the Secretary, Transport Department, Government of Bihar bringing to his notice the violation of the Motor Vehicles Act by the Corporation. No action was taken by the authorities. Once again the petitioner came across another news article in the hindi daily 'Hindustan' on 14.9.2019 with respect to the same subject matter. On no action being taken by the authorities of the Corporation, the petitioner has filed the instant writ application for the reliefs as stated above.

4. Counter affidavits were filed in the case on behalf of the Principal Secretary, Urban Development and Housing Department, Government of Bihar, the Chief Executive Officer-cum-Municipal Commissioner, Patna Municipal Corporation (respondent no.3) and the District Transport Officer, Patna (respondent no.5). The District Transport Officer, Patna, in his counter affidavit has stated that the Department of Transport having received information from different sources that many Government vehicles were being plied on road without getting their registration, the Secretary, Transport Department, Bihar, Patna vide his letter dated 16.7.2019 (Annexure-A to the counter affidavit of respondent no.5) wrote to all the District Magistrates, Senior Superintendent of Police, Superintendent of Police, Municipal Commissioners and Executive Officers of the State of Bihar for registration of their official vehicles. It was further stated that a meeting was convened in the matter on 27.9.2019 wherein the Municipal Commissioners as also the District Transport Officers (hereinafter referred to as 'the DTO') were also requested to attend. The District Magistrates, the Municipal Commissioners and the DTOs were informed that no vehicle can be plied on any public road without getting its registration and its insurance, the same being in violation of section 39 of the Motor Vehicles Act (hereinafter referred to as the 'M.V. Act'). They were requested to submit a list of vehicles which were being plied in their respective regional offices and municipalities without getting registration and insurance. It is stated that the DTO, Patna wrote to the respondent no.3 that consequent to non-registration of the official vehicle of the Corporation as per the newspaper report, large number of vehicles of the Corporation were still running without registration. He was requested to get the registration of the vehicles done immediately. The Municipal Corporation made available the required papers/ information to the DTO, Patna on which the tax and registration fee were attached and information provided to the Corporation. In response thereto the Corporation deposited a sum of Rs. 2.01 crores (approx) in the office of the District Transport for registration of its official vehicles. It may be stated