SUJIT KUMAR DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Since common issues are involved, the writ petitions being W. P. 5495 (W) of 2011 (Sujit Kuamr Dutta v. State of West Bengal and others) and W. P. 188 of 2011 (Amit Kumar Dey v. State of West Bengal and others) have been heard analogously.

(2.) In the writ petition having W. P. No. 188 of 2011, the petitioner holding a stage carriage permit has challenged the order contained in the memo dated 24th December, 2010 issued by the Deputy Secretary, State Transport Authority. West Bengal, whereby his application for replacement of the vehicle was rejected on the ground that there was material difference as the proposed bus contained lesser number of seats compared to the existing vehicle. The matter was, moved on 1st March, 2011 when directions were issued for filing of affidavits. Affidavit has been filed on behalf of the State and is on record.

(3.) Facts as mentioned in the petition are that the petitioner as having a vehicle bearing No. W. B. -29/5546 having a seating capacity of 52+1 (Driver). Thereafter, the petitioner purchased a vehicle, bearing registration No. D. L. -1-Y. C. -0888, which was having a seating capacity of 37+1. The vehicle was registered and is having registration No. W. B. -29- A/2872. The petitioner applied for temporary replacement of the vehicle, which was granted for three months with effect from 20th August, 2010. Thereafter, on 26th November, 2010, the petitioner applied for permanent replacement of the vehicle, which was rejected by the impugned order.