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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Gopal Krishna Tiwary Son of Shiv chandra Tiwary – Appellant
Versus
State of Bihar through Principal Secretary, Transport Department – Respondent
| Table of Content |
|---|
| 1. background details about the petitioner's permit. (Para 1 , 2 , 3) |
| 2. petitioner's argument regarding the time table modification. (Para 4 , 5 , 6) |
| 3. respondents' defense of the time table modification. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court's evaluation of the renewal of the permit. (Para 13 , 14 , 15 , 16 , 17) |
| 5. court's decision on the legality of the modification. (Para 18 , 19) |
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The petitioner has filed the instant application for the following reliefs:
“For quashing the modified time table issued by the Secretary, S.T.A, Bihar (Respondent no 3) to the petitioner for his Permanent Inter State Stage Carriage Permit no 25/2018 covered with Bus No BR-06PD-8290 and BR-06PD-8291, valid for the period 30.08.2018 to 29.08.2023 on the route Motihari to Siliguri as contained in Annexure-4 to this writ petition, whereby the Learned Secretary (Respondent no 3) of its own without any order of the S.T.A, Bihar or any request made by the petitioner, modified the proposed time table after curtailing the arrival and departure timing of the notified bus stand lying between the route which has already been sanctioned and granted by the State T
Unilateral modification of a time table for an inter-state carriage permit without consent is contrary to statutory provisions and existing transport agreements, rendering such modifications illegal.
The central legal point established in the judgment is that the authority did not have the power to review the timing in the Stage Carriage Permit, as the Act does not confer such power and there was....
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