UMESH RAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel appearing on behalf of the petitioner and State.

(2.) COUNTER affidavit has been filed on behalf of the respondents. The petitioner has challenged the decision of the Regional transport Authority, Darbhanga, confirming the resolution dated 23-6-2006 (Annexure-13) relating to Musharigharari Bus stand. By this decision, Reserve Jama for the settlement of bus stand established on the Raiyati land of the petitioner has been enhanced in the midst of the settlement and it has also been resolved that the settlement may be made by open bid.

(3.) PETITIONER's case is that under the provisions of the Bihar Motor Vehicles Act and rules, a proposal came for establishing bus stand at Musharigharari, offers were invited. Petitioner offered his Raiyati land for establishing bus stand as provided under Section 117 of the Motor Vehicles Act, 1988 and rule 191 of the Bihar Motor Vehicles Rules 1992. Petitioner was selected for this purpose and at total Reserve Jama with total charges amounting to Rs. 3,73,248/-, it was settled in favour of the petitioner and parwana was issued on 4-4-2005. Subsequently, on 23-6-2006 petitioner also paid annual fee for the financial year 2006-07 and on the same date, a resolution was passed by the Regional Transport Authority, Darbhanga, enhancing the Reserve Jama of the Bus Stand and also to settle the Bus stand on open bid. Petitioner is aggrieved by this resolution.