SNEHANDU JANA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) This writ application is directed against a resolution dated September 22, 2009 adopted in the meeting of the respondent no.2 in respect of the applications of the petitioners for granting contract carriage permit in their favour to ply their vehicles in KMDA areas in the district of Howrah. For proper adjudication of this matter, the impugned resolution is quoted below :

(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the above resolution, I find that Clause (iii) prescribed recommendation from Karmadhyay, Karya, Purto-O-Paribahan S.S. H.Z.P. Section 80 of the Motor Vehicles Act, 1988 prescribes consideration of the application for granting stage carriage or contract carriage permits in a particular way. There is no provision for obtaining recommendation from any one. Therefore, steps must be taken in accordance with the above provisions, other procedures are formative.

(3.) In view of the above, Clause (iii) of the above resolution is quashed and set aside.