BUDDHADEB MUKHERJEE v. THE STATE OF JHARKHAND THROUGH ITS SECRETARY DEPARTMENT OF TRANSPORT
WPC/649/2024 · 2026-01-12
Rajesh Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 8545 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8545 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:641 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.649 of 2024
Buddhadeb Mukherjee aged about 63 years son of Late Kalikinkar Mukherjee Resident of Huchukapara Ward No.5 P.O and P.S Purulia District Purulia (West Bengal). …… Petitioner Versus
1. The State of Jharkhand through its Secretary, Department of Transport, Govt. of Jharkhand, Ranchi, office at - F. F. P. Building, H.E.C. Area, Dhurwa, P.O and P.S Dhurwa, District Ranchi Ranchi.
2. State Transport Authoirty through its Chairman, office at - F. F. P. Building, H.E.C. Area, Dhurwa, P.O and P.S Dhurwa, District Ranchi Ranchi.
3. Joint Transport Commissioner, State Transport Authority Jharkhand, Ranchi. office at F. F. P. Building, H.E.C. Area, Dhurwa, P.O and P.S Dhurwa, District Ranchi Ranchi. …... Respondents ---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Sudhir Sahay, Advocate For the Resp.-State : Mr. Abhiraj Kumar, AC to GA-I ---------
05/Dated: 12
th January, 2026
1. Heard learned counsel for the parties.
2. The present writ petition has been filed for the following relief :-
“(a) for issuance of appropriate Writ/s, Order/s, Direction/s; particularly in the nature of Writ of Mandamus, commanding upon the Respondent Authority to countersign the permit of the petitioner for the route Purulia to Hazaribagh, via Chas, Gola, Ramgarh being permit P.St. P.No.43/89 (I.S) (Annexure-1).”
3. Paragraph No.– 3 of the present writ petition reads as under :-
“3. That the moot question involved in the present case is as follows :- I. For that the Authority was legally bound to countersign the permit issued by the West - 1 - W.P.(C) No.649 of 2024
2026:JHHC:641 Bengal State Transport Authority in accordance with law. II. For that the payment of tax would only arise when the Authority countersign the permit. III. For that in terms of section 14 of the Taxation Act the payment of Tax arise only when it enters the state and in view of the fact that countersignature was not done after 2009 the
Authority
cannot
keep
the countersignature in the garb of payment of tax. IV. For that the issue having been decided by the Hon'ble Court the Authority by insisting for payment of tax from the date of issue of permit is in violation of the order of this Hon'ble court.”
4. The cause of action is of the year 2009. The present writ petition has been filed on 02.02.2024 and the defects have been removed in the year 2025. Thus, it is hopelessly a stale claim and it cannot be entertained in the writ petition.
5. Accordingly, the present writ petition is, hereby, dismissed.
6. Pending interlocutory application, if any, stands
disposed of.
(Rajesh Kumar, J.) 12th January, 2026 Ravi-Chandan/- Uploaded on 13.01.2026 - 2 - W.P.(C) No.649 of 2024