CHANDRA KANTI BAG Vs. CHANDIDAS MITRA

JUDGEMENT

(1.) In terms of the order dated 14th October, 1999, both the application for stay as also the appeal are taken up for hearing together. It may be indicated that this appeal was preferred pursuant to the leave granted to the appellants who had not been made parties to the writ application which had been filed by the Respondent No. 1. Such leave was granted on the ground that the order passed by the learned single Judge also affected the appellants who were the existing operation on the route in question.

(2.) The case made out in the writ petition is that the writ petitioner's application for grant of a permanent stage carrige permit on Routs No. 71, which commences from Howrah Maidan and ends at Salt Lake after passing through Sealdah, had not been considered by the Regional Transport Authority, Howrah on account of a confusion which had arisen as to whether the Regional Transport Authority. Howrah, or the Regional Transport Authority, Calcutta region, was entitled to grant such permit, having regard to the provisions of section 69 of the Motor Vehicles Act, 1988.

(3.) Admittedly, the major portion of the route in question falls within the jurisdiction of the Regional Transport Authority. Calcutta region, and, accordingly, the learned single Judge, having regard to the proviso is sub-section (1) of section 69 of the aforesaid Act, directed the Regional Transport Authority, Calcutta region, to consider and dispose of the writ petitioner's application for grant of permit on the aforesaid route.