GOUR BARAN MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present challenge is directed against an order dated August 2, 2019, passed by the respondent-authorities, cancelling the petitioner's permit to ply a vehicle on the ground that the petitioner had violated the permit condition by not plying the concerned vehicle daily as per the approved timetable on the Inter-State route, Bokaro to Ghatshila.

(2.) Learned counsel for the petitioner argues that, despite the renewal of the permit on January 22, 2019 (Annexure P1 at page 31 of the writ petition) in the meantime, the respondents took action on a previous cancellation proceeding, arising from a show-cause which had culminated in an order dated June 14, 2019, passed by a Coordinate Bench, whereby the STA law was called upon to take a final decision and report the decision to this Court. It was further observed by the Learned Single Judge that, 'having heard the parties and considering the materials placed, this Court was left in no manner of doubt that the provisions of Section 86 of the Motor Vehicles Act, 1988, insofar as such provisions relate to compliance with the principles affording the permit holder an opportunity of hearing, stood substantially complied with in the facts of this case."

(3.) It is submitted that, subsequent to the said order dated June 14, 2019, (Annexure R6 at page 23 of the affidavit-in-opposition), another show-cause notice was acted upon, without hearing the petitioner at all on the reply given by the petitioner to such show-cause notice. Placing reliance on the content of such reply, learned counsel for the petitioner argues that the petitioner substantially took the stand that the petitioner was not being able to ply the vehicle as per the permit due to the appropriate authorities of the State of Jharkhand having not counter-signed the necessary documents, which was a pre-requisite for so plying.