PROVATI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is directed against a resolution dated January 7, 2011 adopted in the meeting of the respondent No. 2 rejecting the application of the petitioner dated December 14, 2010 for granting a permit to ply his vehicle (Bus) on the route from Burdwan to Baharampur. By virtue of the impugned resolution, the petitioner was directed to submit his application before the concerned Regional Transport Authority for consideration of his application for issuing permit covering to adjoining districts. It is submitted by the learned Counsel appearing on behalf of the petitioner that in view of the provisions of sub-rule 1 of Rule 87 of the West Bengal Motor Vehicles Rules. 1989, the respondent No. 2 should assume to itself the jurisdiction to grant stage carriage permit in respect of routes covering more than two regions or in respect of routes falling within two or more regions.

(2.) It is also submitted by him that in view of the Govt. notification dated November 6, 1995 issued by the Govt. of West Bengal, Transport Department, in exercise of sub-section 2 of section 69 of the Motor Vehicles Act, 1988, the respondent No. 2 should consider the application for granting stage carriage permit for plying the vehicle covering two or more regions. It is also submitted by him that in view of another Govt. Notification No. 551-WT/3M-155/2005 dated February 16, 2006 issued by the Govt. of West Bengal. Transport Department, the respondent No. 2 was the appropriate authority to consider the application of the petitioner.

(3.) The attention of this Court is drawn towards the Stage Carriage Permit bearing PSTP No. 84/2011(i/r) issued in favour of another operator to show that the respondent No. 2 had issued the Stage Carriage Permit to other operator for plying his vehicle on the same route.