Calcutta High Court (Appellete Side)
(Md. Mohidul Alam vs The State Of West Bengal & Ors.) on 26 November, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
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26.11. 2013 rrc W. P. 11705 (W) of 2013 (Md. Mohidul Alam Vs. The State of West Bengal & Ors.) Mr. Sakti Pada Jana ......For the petitioner Ms. Sipra Majumder Ms. Srilekha Bhattacharyya ......For the State Mr. Pantu Deb Roy ......For the Transport Authority The petitioner applied for a permanent permit to provide stage carriage service on the route Sultanpur to Nababhat (Burdwan) via Mangrul, Kamarpukur, Arambag, Sehara Bazar before the State Transport Authority, West Bengal (hereafter the 'S.T.A.'). The said application was considered by the S.T.A. in its meeting held on 18th July, 2012. The following decision was taken in such meeting: -
"After hearing the petitioner and considering the contents of the application, STA decided to grant permit in favour of the petitioner subject to the conditions that:
a) The route alignment should not enter Arambagh Town.
b) The applicant places BS-III vehicle registered in his own name.
c) The permit shall not be allowed transfer in any form.
d) The applicant should obtain permit observing all formalities by 31.12.2012."
The said decision was communicated to the petitioner by the Deputy Secretary, S.T.A. vide memo dated 6th August, 2012. The petitioner reacted by sending a letter dated 14th August, 2013
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requesting issuance of offer letter in his favour. He did not raise any objection in relation to the first condition appearing in the decision dated 18th July, 2012. Since offer letter has not been issued, the petitioner has presented this writ petition dated 18th September, 2013.
Since instructions were not forthcoming, I had called upon the Secretary, S.T.A. to remain personally present in Court by my order dated 19th November, 2013. Mr. Biswajit Dutta, Secretary, S.T.A. is personally present in Court pursuant to such order.
It has been submitted on behalf of the petitioner that during the pendency of the writ petition, offer letter has been issued in his favour specifying that the vehicle must not enter Arambag town.
Mr. Jana, learned advocate for the petitioner contends that the decision of the S.T.A. is absolutely illegal inasmuch as no notification under Section 71(3) of the Motor Vehicles Act, 1988 (hereafter the 'Act') has been issued restricting the fleet strength of vehicles plying in and around Arambag town.
Mr. Deb Roy, learned advocate for the S.T.A. submits that Arambagh town is suffering from severe congestion of vehicular traffic and thus the impugned condition was imposed. He further submits that in terms of Section 72 of the Act, the S.T.A. has the power to grant permit with such modification as it deems fit and, therefore, the action is unexceptionable.
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I am of the view that issue raised in this writ petition ought to be decided on affidavits.
Let affidavit-in-opposition be filed by four weeks; reply thereto, if any, be filed within two weeks thereafter.
The writ petition shall be treated as ready for hearing on expiry of the period fixed above for exchange of affidavits and thereafter the parties shall be at liberty to mention it for consideration before the appropriate bench.
Pendency of the writ petition shall not preclude the petitioner to act on the basis of the offer letter issued in his favour without prejudice to his rights and contentions in this writ petition.
Personal presence of the Secretary, S.T.A. is dispensed with.
( Dipankar Datta, J. )