BHUSHAN SINGH v. THE STATE OF BIHAR

For the petitioners: Mr. Siya Ram Shahi, Advocate For the State : Smt. Nilu Agrawal, GA – X ----------- 2 16/12/2009 Heard learned counsel for the petitioners and learned counsel for the State. This public interest litigation has been preferred to direct the authorities of the Transport Department, Government of Bihar, to implement strictly various provisions of the Motor Vehicles Act, 1988, so as to prevent movement of heavy vehicles carrying goods beyond the permissible limits. Considering the nature of the grievance 2 raised by the petitioners, we are of the view that the Commissioner, Transport Department, Government of Bihar, respondent no.4, should first apply his mind to the issues and take appropriate decision in accordance with law. It appears that already representations have been filed before the concerned respondent. However, we are disposing of this writ petition with fresh liberty to the petitioner to file another representation along with a copy of this order before the respondent no.4, the Commissioner, Transport Department, Government of Bihar. It is made clear that we have not applied our mind to the merits of the matter and it is respondent no.4, who is expected to look into the representation and take appropriate decision as per law at an early date preferably within three months. Neyaz/ (Shiva Kirti Singh, ACJ.) (S. K. Sharma, J.)