LAWS(CAL)-2010-4-62

STATE OF WEST BENGAL Vs. BENGAL BUS SYNDICATE

Decided On April 13, 2010
STATE OF WEST BENGAL Appellant
V/S
BENGAL BUS SYNDICATE Respondents

JUDGEMENT

(1.) The appeal is at the instance of the State of West Bengal against the judgment and order of the learned Single Judge. The learned Trial Judge by the impugned order has struck down Rule 88A of the West Bengal Motor Vehicles Rules, 1989 and also connected notification issued on 24th May, 2005. With the appeal the Writ Petition No. 25179 (W) 2005 is also heard as the Petitioners challenge the same Rule and notification. The facts for which appeal was preferred connected writ petition was filed are shortly put hereunder:

(2.) On 17th March, 2005 the State Government amended the West Bengal Motor Vehicles Rules by inserting a new Rule 88A in the manner as follows:

(3.) The said Rule described as the West Bengal Motor Vehicles (Amendment) Rules, 2005 came into force on and from 17th March, 2005 being the date of notification.