Calcutta High Court
Smt. Meera Roy Choudhury vs The State Of West Bengal & Ors on 9 April, 2010
Author: Indira Banerjee
Bench: Indira Banerjee
ORDER SHEET
W.P. No.1326 of 2009
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
SMT. MEERA ROY CHOUDHURY.
-Versus-
THE STATE OF WEST BENGAL & ORS.
Mr. Bhaskar Nandi with Ms. Lopamudra
Sur, Advocates,
... for the petitioner.
Before
The Hon'ble Justice
INDIRA BANERJEE
09.04.2010
No one has appeared to oppose the writ application in spite of
notice.
In this writ application the petitioner has inter alia challenged
the decision of the State Transport Authority, West Bengal rejecting
application of the petitioner for permanent stage carriage permit to
operate a vehicle on the route from Belurmath to Salt Lake
Karunamoyee via Dunlop, Shyambazar, Ultadanga etc.
The application was rejected on the purported ground of non-
availability of open spaces for parking of buses at both the termini,
that is, Belurmath and Karunamoyee, Salt Lake.
2
Non-availability of open space for parking of vehicles may
undoubtedly be a good ground for rejection of an application for
permit. The question is whether the application has been rejected
bonafide, on the genuine ground of non-availability of parking space
or whether the plea of want of parking space is an excuse to reject
the application of the petitioner.
It appears that the Vice Chairman of Bally Municipality has
issued a certificate dated 12th May, 2008 to the effect that there is a
bus stand situate at Belurmath near the municipality which can be
used as terminal point for the stage carriages. The Bidhannagar
Municipality has also issued a similar certificate to the effect that
there are terminal points in Salt Lake Karunamoyee. The decisions
taken by the West Bengal State Transport Authority at its meetings
held on 22nd January, 2008 and 7th August, 2008, thus require to be
reconsidered.
An order rejecting an application for permit is appealable.
However, the Appellate Authority is presently not functioning, as
submitted on behalf of State Respondents in connection with other
writ applications. This Court is, thus, not inclined to reject the application on the ground of existence of alternative remedy.
The impugned decisions are set aside.
3
The writ application is disposed of by directing West Bengal State Transport Authority to take a fresh decision in accordance with law within sixty days from the date of communication of this order after giving the petitioner further opportunity of hearing. The petitioner might produce the certificates issued by the concerned municipalities at the time of hearing.
Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(INDIRA BANERJEE, J.) K.Banerjee Assistant Registrar (C.R.)