Calcutta High Court (Appellete Side)
Mitesh Kumar Mandal vs The State Of West Bengal & Ors on 13 February, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
1
13.02.2019
Crt.24
182 W.P. 1935(W) of 2018
b.r.
Mitesh Kumar Mandal
vs.
The State of West Bengal & Ors.
Mr. N. I. Khan
Mr. Amlan Kumar Mukherjee
... For the petitioner.
Affidavit of service filed in Court today be retained
with the records.
Inspite of service none appears on behalf of the
respondents.
The petitioner intended to make an application for grant of a contract carriage permit in respect of auto rickshaw in the route no. 18 (Cossipore 4B Bus Stand to Paikpara 2 No. Bus Stand via Cossipore Road, K.C. Road, Chiria More, Dumdum Road).
The said application was not accepted by the respondent authorities allegedly on the ground that the route is a notified one and there was no vacancy.
It has been submitted by the petitioner that the fleet strength in respect of the said route has been increased by the authority. The petitioner has thereafter 2 forwarded the application for permit through speed post. The said application has not been disposed till date.
As per section 80(1) of the Motor Vehicles Act, 1988 an application for permit may be made at any time. As per section 80(2) of the said Act the transport authority may refuse the application if the same would have the effect of increasing the number of contract carriages as fixed by notification in the Official Gazette under section 74(3)(a) of the Act. If the Regional Transport Authority refuses an application for grant of permit it is bound to give an opportunity of hearing and communicate the reasons for refusal to the applicant.
In the instant case the authorities have simply refused to accept the application for permit. The same is contrary to the provisions of the Act.
Accordingly, the instant writ petition is disposed of by directing the Regional Transport Authority, Kolkata to accept the application of the petitioner for grant of Contract Carriage Permit in respect of auto rickshaw in the route no. 18.
The said authority will consider the said application within a period of eight weeks from the date of receipt of the application for permit along with the 3 prescribed fees after giving an opportunity of hearing and pass a reasoned order and communicate the same to the petitioner within a fortnight thereafter.
WP No. 1935 (W) of 2018 stands disposed of accordingly.
There will be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.
(Amrita Sinha, J.)