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Calcutta High Court (Appellete Side)

In Re : Milan Dutta vs State Of West Bengal & Ors on 25 February, 2011

Author: Soumitra Pal

Bench: Soumitra Pal

011
                    W.P 3347(W) of 2011

      In re :   Milan Dutta               ...... Petitioner
                          Vs.
                  State of West Bengal & Ors.
                                          ...... Respondents

Mr. Bhagbat Chaudhuri, Sk. Nizamuddin ......... For the petitioner Mr. N. I. Khan, Mr. T. N Ghosh ......... For the State This writ petition is directed against the alleged refusal of the Regional transport Authority, South 24-Parganas, the respondent no.2, to accept the application of the petitioner for permanent stage carriage permit for the route from Kudghat Netaji Station to Muchipara More.

In my view, the Motor Vehicles Act, 1988 postulates that the respondent authorities should accept an application for the grant of contract carriage permit, along with requisite fees, in the statutory form. Since it has been alleged that the respondent authorities did not accept the application along with the requisite fees, considering the facts and circumstances of the case, the writ petition is disposed of by directing the Regional Transport Authority, South 24-Parganas, the respondent no.2 to accept the application of the petitioner in the statutory form along with the requisite fees, as and when it is placed before it. After it is accepted, the Regional Transport Authority, South 24-Parganas, the respondent no.2 shall dispose of the same by passing a reasoned order to be communicated to the petitioner within eight weeks from the date of receipt thereof in accordance with law after giving an opportunity of hearing.

There will be no order as to costs.

Let urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.

( Soumitra Pal, J.)