M/S DURGA TRAVELS THROUGH ITS PARTNER AKASH KUMAR SINGH v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY
WPC/6630/2024 · 2025-02-05
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 29053 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29053 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6630 of 2024 ----- M/s. Durga Travels, through its Partner, Akash Kumar Singh, S/o Ashok Kumar Singh, near Durga Petrol Pump, Redma, Daltonganj.
.......... Petitioner. -Versus-
1. The State of Jharkhand, through the Chief Secretary, Project Bhawan, Dhurwa, Ranchi.
2. The Secretary, Department of Transport, Government of Jharkhand, Project Building, Dhurwa, Ranchi.
3. The District Transport Officer, Palamau.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Harsh Preet Singh, Advocate For the State : Ms. Rishi Bharati, A.C. to AAG-III -----
Order No.02
Date: 05.02.2025
1. The present writ petition has been filed for issuance of direction upon the respondents to make payment of petitioner’s bill for Rs.2,66,870/- along with interest for plying buses during Covid-19 pandemic period on the instruction of District Transport Officer, Palamau- respondent no.3.
2.
Learned counsel for the petitioner submits that the petitioner is a partnership firm. On instruction of respondent no.3, four buses of the petitioner were engaged during Covid-19 pandemic period, details of which are given herein below:- Sl. Nos. Registration No. Period
1. JH-03L-6786 2.5.2020 to 29.5.2020
2. BRO-605 2.5.2020 to 28.5.2020
3. JH-03C-8686 5.5.2020 to 27.5.2020
4. JH-03A-6186 14.5.2020 to 29.5.2020
It is further submitted that the buses bearing registration nos.JH-03L-6786 and JH-03C-8686 are registered in the name of one of the partners, namely, Ashok Kumar Singh, whereas the buses bearing registration nos.BRO-605 and JH-03A-6186 are registered in the name of one of the
partners, namely, Vinay Kumar Singh. It is also submitted that four separate log books were maintained by the respondent authorities signifying routes and different dates on which the said buses were plied. The petitioner submitted the bills on various dates, however, Rs.2,66,870/- remained unpaid for which it also represented the respondent no.3, one of the copies of the same has been annexed as Annexure-2 to the writ petition. Since the petitioner’s representations were not responded by the said respondent, he has been compelled to prefer the present writ petition.
3. Ms. Rishi Bharati, learned A.C. to A.A.G.III appearing on behalf of the respondents submits that if the petitioner prefers a fresh representation along with relevant documents, giving details of claim, before the respondent no.3, an appropriate decision will be taken by the said respondent within a timeframe.
4. Having heard learned counsel for the parties and considering the nature of prayer made in the writ petition, without entering into merit of the case, the petitioner is given liberty to prefer a fresh representation with respect to the aforesaid claim before the respondent no.3. On receipt of the said representation, the respondent no.3 after verifying relevant records and on providing opportunity of hearing to the petitioner’s representative shall take an appropriate decision within six weeks from the date of receipt of the representation.
5. The writ petition is disposed of with the aforesaid liberty and direction.
(Rajesh Shankar, J.) Sanjay/
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W.P.(C) No.6630 of 2024