Vikramaditya Prasad, J. - (1.) THE main issue in this writ is whether provision of Section 88(5) of the Bihar Motor Vehicles Manual has been complied with by the State -respondents. Section 88(5) of the Manual reads as follows : - -
(2.) EVERY proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or counter signed in respect of each routs or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one of more of the newspapers in regional language circulating in the area or rout proposed to be covered by the agreement together with a notice of the date before which representation in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered.
(3.) ON perusal of this provision it is found that the proposal to enter into agreement between the States to fix the number of permits has to be published by each of the State Governments in the official Gazette and in any one or more of the newspapers in regional language circulating in the area or routs proposed to be covered by the agreement together with a notice of the date before which representation in connection therewith may be submitted. As per the petitioner Annexure -7 filed with the supplementary affidavit is not a compliance of this mandatory provision of law. Annexure -7 reads as follows : - - "Jharkhand Sarkar, Pariwahan Ayakt Karyalaya, CMPDI Bhavan Kanke Road, Ranchi. Jharkhand awam paschim bengal rajyon ka beech parasparik pariwahan samjhauta praroop ke sarkari gajat mein prakashan ke sambandh mein awasya suchna. Etad dwara sabhi sambanditon ko suchit kiya jata hai ki jharkhand awam paschim bengal rajon ke beech pariwahan karar praroop ka adhisuchna sarkari gajat mein prakashan hetu bheja gaya hai. Ichak vyakti ke dwara is praroop ka awalokan pariwahan ayukt karyalaya mein kisi karya diwas mein kiya ja sakta hai. Praroop par koi ab -hyawadan, adhisuchna ke sarkari gajat se prakashan ki tithi se 30 (tis) dinon ke andar dakhil kiya ja sakta hai." (B.MINJ) SANYUKT PARIWAHAN AYUKT JHARKHAND, RANCHI Thus on bare perusal of this Annexure it is found that this does not publish the total draft proposal agreement rather it simply complies with part of Section 88(5) by which the objection is to be invited whereas essence of this provision is that entire draft proposal of agreement must be published both in official Gazette as well as in the newspapers in regional language.;