Calcutta High Court
Biswanath Chakraborty vs Mr. Samir Bhadra & Anr on 12 November, 2010
Author: Indira Banerjee
Bench: Indira Banerjee
CC No. 129 of 2010
WP No.257 of 2010
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
BISWANATH CHAKRABORTY
Versus
MR. SAMIR BHADRA & ANR.
BEFORE:
The Hon'ble JUSTICE INDIRA BANERJEE
Date : 12th November, 2010.
Appearance:
Mr. A. K. Bera Adv. for the petitioner
The Court : This is an application for contempt for alleged violation of
an order dated 4th March, 2010 of this Court disposing of writ petition no.257
of 2010.
This Court disposed of the writ application by directing the Regional
Transport Authority to forthwith accept the application of the petitioner for
grant of permit, provided the same is made in accordance with the rules and
accompanied with the requisite fee. The application was directed to be
considered in accordance with law and a reasoned decision was directed to be
taken within 90 days from the date of receipt of the application. After the
aforesaid order was communicated to the respondents the application of the
petitioner was accepted, but no decision thereon was taken. It is submitted that after initiation of contempt proceedings, the petitioner received memo no.RTA/350(Con) dated August 31st, 2010, the contents of which are extracted herein below:
2
"In compliance with the order of the Hon'ble High Court, Calcutta In W.P. No.257 of 2010, this is to inform him that there exists no vacancy in Route No.S-168. And accordingly Offer Letter can not be issued for the above route in his favour at this stage."
It is stated that there is no vacancy on the route in question. Decision has apparently been taken and the same has also been received by the petitioner. The legality and/or correctness of the decision cannot be adjudicated in the contempt proceedings.
Application for permit might summarily be rejected when there is a statutory notification restricting the number of permanent carriages and/or contract carriages on any particular route. If the finding of there being no vacancy on the route is incorrect it is open to the petitioner to challenge communication by initiation of appropriate proceedings.
The contempt application is disposed of with the above observations. All parties concerned are to act on a signed photostat copy of this order on the usual undertakings.
(INDIRA BANERJEE, J.) cs/