BIBHAS CHANDRA MANNA Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) This is an appeal directed against the order passed by the Learned Single Judge dated 21st November, 2000 whereby the learned single Judge has dismissed the writ petition.Aggrieved against this order the present appeal has been filed by the petitioner/appellant.

(2.) The brief facts are that the petitioner is the holder of a permanent stage carriage permit for the route from Howrah to Digha. He has challenged the temporary grant of permit in favour of respondent No.8 from Kasbagoia to Calcutta/Howrah. The petitioner was operating on this route since long and his permit was valid upto 9th August, 2000. It was alleged that he was operating on this route for the last 16 years. Thereafter a scheme was notified by the Government of West Bengal on 15th September, 1988 in pursuance of S. 68D(3) of the Motor Vehicles Act, 1939 now under S. 100(3) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act of 1939 and 1988). The scheme related to nationalisation of the route Calcutta/Howrah to Digha (hereinafter referred to as the notified route). The same was published in the Calcutta Gazette (Extraodinary) dated 12th April, 2000 which reads as under :

(3.) . The contention of the learned counsel for the appellant was that the permit which has been granted to the petitioner exceeded to another region that is Howrah region as the permit which has been granted to the respondent No.8 covers two regions that is Kasbagoia in Midnapore and Howrah. Therefore, the grant of permit in favour of the respondent No.8 is in violation of Clause (3) of the Notification. We have considered the submission of the learned counsel for the petitioner/appellant. As a matter of fact, the route of respondent No.8 covers two regions that is Midnapore and Howrah and he overlaps the notified portion of the said route of Midnapore region only. The learned counsel for the appellant submitted that since it covers two regions and as per Clause (3) of the notified scheme if the existing route is partially overlaps or crosses the said regions in the said sector in that case he is not permitted to overlap this notified route. For better appreciation of situation we again reproduce clause (iii) of the Scheme which reads as under :