ANSAR MAUTHYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HAVING heard the learned lawyers for the respective parties this court finds that the petitioners have prayed for an appropriate writ of Mandamus commanding the respondents to re-call, rescind and/or set aside the impugned memo being Annexure 'c to the writ recitation and-to consider further the matter afresh.

(2.) IT is slated in del all that the respondents concerned have acted illegally and arbitrarily in issuing the impugned memo and embargo and/or the restriction is wholly unwarranted and uncalled for. Looking at the said annexure 'c' this Court finds that a radiogram message has since been issued stating that the State Government is reviewing the position of the operation of different stage carriage and contract carriage routes and buses of all not are playing in the Stale and directed the R. T. As not to issue any new; permit on any inter regional and intra regional routes and not to extend and vary the. conditions of permits granted previously from the distirict. concerned vice out obtaining prior clearance of the State, it is seriously challenged that such an embargo is wholly unwarranted and un-called for. It has been argued before this Court that such a communication is not permitted under the provisions of the Motor Vehicles act.

(3.) ATTENTION of the court has been drawn to a decision reported in AIR 1964 sc 1578 (B. Rajagopala Naidu v. The State Transport Appellate Tribunal madras ). It is found that Section 43a confers no power on Government to issue any administrative order and the same is outside the purview of the section, and the impugned order as discussed therein was beyond the scope of Section 43a.