PANNALAL MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application is directed against two resolutions dated April 29, 2008 adopted in the meeting of the respondent No.2 granting stage carriage permit in favour of the respondent Nos. 5 and 6 on the route from Duttapukur to Dhulagarh via V.I.P. Road, E.M. Bye Pass, Science City, P.G., 2nd Hooghly Bridge.

(2.) ACCORDING to the petitioner, granting of new stage carriage permit on a route covering the Eastern Metropolitan Bye Pass (from Ultadanga-C.I.T. Road HUDCO crossing-Garia Station Road E.M.Bye Pass crossing) was not permissible on the basis of the Scheme adopted by the State Government under Notification No. 1010-WT/3M-154/2004 dated February 11, 2005 (here in after referred to as the said notification).

(3.) HAVING heard the learned counsel appearing for the respective parties and after considering the facts and circumstances of this case, I find that admittedly, Clause 5 of the said notification excluded the stage carriage permit holders carrying at least four (4) regions and using Vidyasagar Setu from the purview of the said notification. It is also undisputed that the route under reference covered four (4) regions and using Vidyasagar Setu. Therefore, admittedly, the route under reference was exempted from the said notification.