Calcutta High Court (Appellete Side)
Pg (Progressive Magic Owners' ... vs The on 18 May, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
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45 18.05.2016 W.P.7688(W) of 2016
pg (Progressive Magic Owners' Association & Ors. vs. The
State of West Bengal & Ors.)
Mr. Rameshwar Bhattacharyya
Mr. Soumen Bhattacharyya
Mr. Ram Uday Bhattacharyya .........for the petitioners
Mr. Amitesh Banerjee
Mr. Tarak Karan...........................for the State
Mr. Biswaroop Bhattacharya
Mr. Anindya Bose
Mr. C. Chatterjee................for the respondents 9 & 12
A supplementary affidavit has been filed by the petitioners. However, the same does not satisfy the requirement spelt out in the order dated March 05, 2016.
According to Mr. Bhattacharyya, learned advocate for the petitioners, it is difficult for the petitioners to identify which auto-rickshaw is operating on the basis of a valid permit and which is not.
Mr. Banerjee, learned senior advocate representing the State submits that the administration has taken steps to ensure plying of the vehicles of the members of the petitioning association. He assures the Court that every possible step shall be taken so that plying of the vehicles of the members of the petitioning association is not disrupted at the instance of the respondent-union.
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Mr. Bhattacharya, learned advocate representing the respondent-union submits that none of the members of the respondent-union is disturbing the members of the petitioning association and that it is the members of the petitioning association who have been carrying passengers not in accordance with law.
Having heard learned advocates for the parties, I dispose of this writ petition with a direction upon the respondent-union to furnish to the Secretary, Regional Transport Authority, South 24-Parganas (hereafter the 'RTA') the list of its members together with permits that have been issued by the RTA authorising their vehicles to ply. Such list shall also be supplied to the Officers-in-Charge of Budge Budge Police Station and Nodakhali Police Station as well as the Additional Regional Transport Officer, Alipore.
The administration shall keep a watch as to whether unauthorised auto-rickshaws are operating or not. If any such instance is detected, the administration shall not feel hesitant to take action under section 207 of the Motor Vehicles Act, 1988.
Since the members of the petitioning association have been plying their vehicles, as submitted 3 by Mr. Banerjee and not disputed by Mr. Bhattacharyya, the administration shall also take care to ensure that there is no disruption in the plying of such vehicles on the basis of valid permits.
In the event there be any such disruption, the administration shall be free to take action. If any of the vehicles either belonging to the members of the petitioning association or the respondent-union is found to carry passengers in excess of the carrying capacity mentioned in the permit, the permit holder may be proceeded against according to law.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)