Calcutta High Court (Appellete Side)
Gopal Biswas vs The State Of West Bengal & Ors on 23 June, 2015
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
23.06.2015
45
b.r
W.P. No. 11637(W) of 2015
Gopal Biswas
-vs-
The State of West Bengal & Ors.
Mr. N.I. Khan,
Mr. Amlan Kumar Mukherjee
........for the petitioner.
Mr. Pantu Deb Roy ,Sr.Adv.
Mr. Subrata Guha Biswas
....... For the State.
This is a matter which is part of a group of similar
matters complaining against the alleged non-acceptance by
the Regional Transport Authorities (for short RTAs) of the
applications filed by the several petitioners for grant of
contract carriage permits for auto rickshaws.
This Court, with the purpose of disposing of the group of
similar matters by a common order, fixed some of them under
the heading "Urgent Motions" (Group-VII) today.
Learned Senior Government Advocate, Sri Amal Kumar
Sen was granted leave in one of the matters to use an affidavit
explaining the stand of the RTAs in common for all the
matters.
2
Such affidavit is filed in Court today with service upon
learned Counsel appearing for the petitioner.
Sri Pantu Deb Roy, learned Senior Government Advocate
with Sri Subrata Guha Biswas, learned Government Advocate
appear in some of the other similar matters.
Today, the petitioners are represented by Sri N.I. Khan,
learned Counsel with Sri Amlan Kumar Mukherjee, learned
Counsel.
Affidavit of service filed in Court today be kept with the
record.
It is the common complaint of the petitioners as already
noted above, that they are routinely visiting the offices of the
RTAs and failing to get their applications for grant of contract
carriage permits accepted along with requisite fees.
Learned State Counsel vehemently deny the above
allegation and bring to the notice of this Court an order dated
30th March, 2012 of the Secretary, Transport Department,
Government of West Bengal. The said order requires to be
quoted in full herein below:
" No.1183-WT Date: 30.03.2012
ORDER
It has come to notice of the Transport Department that some of the Regional Transport Authorities are not always accepting the applications/petitions for different matters such as grant of route permits etc. Some of the 3 applicants move the Hon'ble High Court due to non-receipt of the application by the RTA and pray before the Hon'ble High Court for necessary orders.
Hence, it is ordered that Regional Transport Authorities must receive all applications unless there is prohibition under the law, rules etc. Thereafter, the application should be disposed with reasons within a reasonable rime and in accordance with the rules and guidelines issued in respect of the relevant matter.
If not satisfied the applicant may meet the Secretary of the concerned RTA.
The order should be strictly followed and action would be taken for non-compliance.
Sd/-
Secretary
No.1183(3)-WT Date: 30.03.2012
Copy forwarded-
1. Director, PVD, Beltala
2. D.M. & Chairman, RTA (All)
3. Secretary, RTA (All)
Sd/-
Joint Secretary
Transport Department"
From the affidavit filed by Sri Amal Kumar Sen, learned State Counsel in Court today arising out of WP No.8562(W) 2015 it is, inter alia, stated at Paragraphs- 3,4 and 5 as follows:-
"3. That the Regional Transport Authority, Nadia never refused to accept any application either for Stage Carriage or for contract carriage permit. The concerned receiving clerk routinely accepts all such applications whenever the same are tendered in the receiving counter.4
4. There is a circular and/or standing order from the Transport Department, Government of West Bengal addressed to all the Regional Transport Authorities in the State to accept all kinds of applications for permit whenever the same are tendered by the intending applicants.
5. That after receiving the applications for contract carriage permit and for stage carriage permits, two separate computerised lists are made for two kinds of applications and then the steps are taken for consideration of those applications."
Elaborating the stand of the RTAs in the State further Sri Sen submits that the modalities of acceptance of applications for contract carriage permits are being followed faithfully as pleaded at Paragraphs 3,4 and 5 above and in terms of the instructions contained in the order dated 30th March, 2012.
Accordingly, learned State Counsel argues that such matters being regularly filed before this Court are vexatious. With particular reference to the complaint of the petitioner in WP No. 8562(W) of 2015 connected to RTA, Nadia, the affidavit filed by Sri Sen points out that during the period of six months ending 31st March, 2015, the RTA, Nadia had received 258 numbers of applications for contract carriage permits and had placed those applications along with other application for stage carriage permits before the RTA at its meeting held by 5 the end of March, 2015. Out of the total of 740 applications, 513 applications were allowed by the RTA, Nadia.
With reference to the period from 1st April, 2015 till the filing of the affidavit, a total of 383 applications for contract carriage permits and 26 applications for stage carriage permits will be considered by the RTA Board at its next available meeting. Therefore, Ld. State Counsel emphasises, there is no deficiency on the part of the RTAs in receiving and processing the applications for permits.
By way of response, Sri Probhat Kumar Chattopadhyay, learned Counsel and Sri N.I. Khan, learned Counsel urge this Court to consider that under Section 80(1) of the Motor Vehicles Act, 1988 an application for permit of any kind may be made at any time.
Rule 126 of the West Bengal Motor Vehicles Rules, 1989 permit the applicant to deposit the necessary application fees.
Therefore, both the learned Counsel for the petitioners strenuously argue that the non-acceptance of their applications for contract carriage permits touches at the root of the life and livelihood that can be lived and earned by the petitioners intending to ply auto rickshaws.
Having considered the respective submissions of the parties, the pleadings and documents on record, this Court is 6 of the view that the learned State Counsel have expressed sufficient intention of complying with the mandate of the circular dated 30th March, 2012(supra) and such intention has been elaborately expressed at Paragraphs 3,4 and 5 of the State' affidavit quoted above (supra).
In view of such positive expression of intent this group of similar matters are disposed of with the direction that the respective RTAs shall deal with each of the individual cases of the petitioners in the manner as committed by their learned Counsel in Court today and recorded in this order.
The petitioners shall be, however, eligible to approach this Court invoking its extraordinary writ jurisdiction only and, only if there is a defined, specific infraction in the conduct of the respective RTAs while carrying out the mandate as noticed and directed above. It is also made clear that in the absence of a defined, specific infraction or non-fulfilment of the above noted mandate by any of the RTAs, the writ petition with merely vague allegations shall be deemed to be inadmissible.
WP No. 11637(W) of 2015 stands accordingly disposed of.
Learned State Counsel undertakes to communicate this order to all the RTAs for necessary compliance. 7
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Subrata Talukdar, J)