STATE OF WEST BENGAL Vs. NITISH SAHA

JUDGEMENT

(1.) This appeal is directed against an order passed by the Hon'ble First Court on 11.6.2010 whereby the learned Trial Judge modified the order passed on 4.3.2005 on the writ petition filed by the writ petitioners/respondents herein. The learned Trial Judge has directed the State Transport Authority to make endorsement on the permit of the petitioners allowing the petitioners to operate the vehicle in the route in question through Eastern Metropolitan Bye-pass. It has further been directed by the learned Trial Judge that the State Transport Authority shall make necessary endorsement within three weeks from the date of communication of that order. The writ petition as well as the application were disposed of finally by the learned Trial Judge on 11.6.2010. Being aggrieved, this appeal has been filed by the State authorities, inter alia, on the ground of suppression of material facts as well as on other grounds.

(2.) It appears that the writ petitioners applied for a stage carriage permit which was granted in their favour on 17.4.2008 by which the State Transport Authority issued an offer letter. The said offer letter was issued for grant of permanent stage carriage permit on the inter regional route (inter state) Barasat to Garia via Madhya gram, VIP Road, Sealdah, Gariahat, Bijon Setu, Santoshpur More, Garia Bus Stand avoiding E. M. Bye pass, After receipt of such offer letter, the writ petitioners filed a writ petition praying for the following reliefs:

(3.) The grounds mentioned in the writ petition are that the State authorities have allowed the prayer of the writ petitioners even in the year 2004 and allowed them to use E. M. Bye pass and to make the E. M. Bye pass as a part and parcel of the permit so granted by the State authority in favour of various other operators. On the said writ petition, it has further been alleged that the State authorities had granted permits to the persons of their own choice. On the said application, an order was passed by the Court on 4.3.2005 in W. P. No. 214 of 2005 whereby the Court passed the following order.