Bidyut Dhar vs State Of Jharkhand & Ors on 29 January, 2010

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Jharkhand High Court
Bidyut Dhar vs State Of Jharkhand & Ors on 29 January, 2010
               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (C) No. 5627 of 2009

               Bidyut Dhar                              ....Petitioner
                                       Versus
               1.    The State of Jharkhand.
               2.    Secretary cum Transport Commissioner, Department of
                     Transport, Government of Jharkhand, Ranchi.
               3.    Joint Transport Commissioner, Department of Transport,
                     Government of Jharkhand, Ranchi.
               4.    Under Secretary, Department of Transport, Government of
                     Jharkhand, Ranchi.
               5.    District Transport Officer, Ramgarh.    .....Respondents

               Coram: THE HON'BLE MR. JUSTICE R.K. MERATHIA
                                         ---------
               For the Petitioner        : Mr. S.L. Agrawal, Advocate
               For the Respondents       : JC to Sr. S.C. II
                                         --------
3/29.1.2010

Heard.

It is submitted that petitioner’s license granted in the year
1992 was renewed from time to time and ultimately before it expired
on 10.1.2010, the renewal application was filed on 9.10.2009 well
within time, but no order has been passed on the renewal application
by the concerned respondents and in the meantime they are not
recognizing the certificates issued by the petitioner and has been
imposing penalty on the persons having certificate from the
petitioner, on the ground that license has expired.

It is further submitted that in similar circumstances, order
was passed on 14.5.2008 in W.P.(C) No. 2384 of 2008 ( Annexure-10)
and also on 15.12.2008 in W.P.(C) No. 5479 of 2008.

Counsel for the State, referring to paragraph 5 of the
counter affidavit, submitted that the renewal application of the
petitioner would be disposed of latest within a month’s time by the
respondent department.

In the circumstances, the respondents are directed to
dispose of the renewal application of the petitioner within one month
from today. Till a decision is taken on the renewal application,
respondents are restrained from interfering with the business of the
petitioner.

With these observations and directions, this writ petition
is disposed of. However, no costs.

( R. K. Merathia, J)
Rakesh/

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