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2003 DIGILAW 271 (JHR)

Binod Kumar Agrawal v. State Of Jharkhand

2003-02-28

VIKRAMADITYA PRASAD

body2003
ORDER 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 :-- "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 4. 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 4. 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. 5. The learned counsel for the petitioner has referred to Anneuxre-8 in order to prove his contention that entire draft proposal must be published in the newspapers and Anneuxre-8 shows that the earlier this practice was adopted, Annexure-7 published in the newspapers by the respondents is not in compliance of Section 88(5) of the Manual. The publication only in the official Gazette is not the compliance. It is also not enough on the part of the State to say that by newspapers publication Annexure-7, the public has already been informed that they can peruse the Gazette. The mandate of the provision is that the draft proposal must be published in the official Gazette consequently the State respondents is directed to comply this part of the mandate of law and publish the draft proposal of agreement which they have proposed to publish in the official Gazette in the newspapers in the regional language circulating in the area or routs proposed to be covered by the agreement. The petitioner may raise his objection which has been raised in this writ before the appropriate authority if any adverse arrangement is made. This order is being passed without prejudice to any right to the petitioner. 6. This writ is disposed of at the stage of admission itself.