ALI HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is directed against a resolution no.3 dated July 11, 2011 adopted in the meeting of the respondent no.2 rejecting the application of the petitioner for granting a Stage Carriage Permit in his favour for plying his vehicle on Bus route no.61 from Alampur to Howrah Station, District Howrah. The fact of the case in a nutshell are quoted below:

(2.) The petitioner filed an application under Article 226 of the Constitution of India in the matter of Sk. Ali Haque vs. State of West Bengal & Ors., (in re W.P. no.19731(W) of 2010) and the above writ application was disposed of on October 6, 2010 with a direction upon the respondent no.2 to accept the application of the petitioner along with requisite fees and take a decision on the application of the petitioner for operating his vehicle on the said route in accordance with law within two months from the date of communication of the order after giving an opportunity of hearing to him.

(3.) The petitioner received a communication under Memo no.3314-MV dated October 28, 2010 from the respondent no.3 requesting him to deposit the requisite fees in respect of his above application for granting Stage Carriage Permit. The petitioner deposited the requisite fees in respect of his aforesaid application for granting State Carriage Permit on the said route on October 29, 2010. By a notice dated November 11, 2010, the petitioner was asked to appear before the respondent no.2 on November 19, 2010 for attending a hearing. On November 19, 2010, the respondent no.2 adopted the following resolution in respect of the above application of the petitioner are quoted below: