Calcutta High Court
Dipak Dey vs State Of West Bengal & Ors on 4 May, 2018
Equivalent citations: AIRONLINE 2018 CAL 624
Author: Dipankar Datta
Bench: Dipankar Datta, Protik Prakash Banerjee
ORDER
GA No.354 of 2018
APOT No.12 of 2018
WP No.26 of 2018
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
DIPAK DEY
Versus
STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE DIPANKAR DATTA
AND
The Hon'ble JUSTICE PROTIK PRAKASH BANERJEE
Date: 4th May, 2018
Appearance
Mr. Debabrata Chakraborti, Adv. with
Sk. Samim Akhter, Adv.
..for the appellant
Mr. Amal Kumar Sen, Ld. Addl. Govt. Pleader with
Ms. Ashima Das (Sil), Adv.
..for the respondents
The Court : Mr. Sen, learned Additional Government Pleader submits that the appellant was required by the Secretary, State Transport Authority, West Bengal (hereafter the STA) to produce the vehicles proposed to be plied on the route in question before the Registering Authority, Siliguri and also that the Registering Authority, Siliguri was asked to submit a 'compatibility report' as to whether such vehicles complied with the provisions of Section 72(2)(x) of the Motor Vehicles Act, 1988 read with Rule 227 of the West Bengal Motor Vehicles Rules, 1989 as also does not attract Section 53(1)(a) of the Act.
According to Mr. Sen, the compatibility report is awaited. On behalf of the appellant, it has been submitted by Mr. Chakraborti, learned advocate that the vehicles were produced before the Registering Authority, Siliguri on 22nd February, 2018 and certificates of registration in form no.23 have been issued.
2
It appears from the certificates of registration that the said vehicles have seating capacity of 50 and sleeping capacity of 12, totaling to 62 and that the type of body of the same has been mentioned as 'Bus Sleeper'.
Since it is the submission of Mr. Sen that the appellant's prayer for replacement of vehicles cannot be granted without looking into such certificates of registration as also the compatibility report referred to above, we direct the appellant to produce the said certificates of registration before the Secretary, STA by 8th May, 2018 positively. The Registering Authority, Siliguri shall also endeavour to send the compatibility report as early as possible but not later than 11th May, 2018. It shall be open to the STA to take an appropriate decision on the appellant's prayer for replacement of vehicles, in accordance with law by 15th May, 2018.
The decision of the STA shall be placed before us on 16th May, 2018 when the appeal shall be listed once again under the heading 'For Orders'.
(DIPANKAR DATTA, J.) (PROTIK PRAKASH BANERJEE, J.) akg/