SAMSUN NEHAR BIBI Vs. STATE & ORS.

JUDGEMENT

(1.) This writ application is directed against a resolution dated January 29, 2011 adopted in the meeting of the respondent no.2 rejecting the application of the petitioner dated January 20, 2010 for granting stage carriage permit in his favour to ply his vehicle (Trekker) on the route from Kaliaganj to Patnalia, District Uttar Dinajpur.

(2.) It is submitted by Mr. Pantu Deb Roy, learned Senior Government Advocate, High Court, Calcutta being assisted by Mr. BIswajib Ghosh, learned State Advocate, on instruction, that the reasons assigned for rejection of the application of the petitioner under reference may not be sustainable in law. But relying upon the application made in Form-I under Rule 123 of the Motor Vehicle Rules, 1989 submitted by the petitioner, it is submitted by him that the concerned route has not been mentioned in Col. No. 4 of his application. It is also submitted by him that the vehicle bearing Registration No. WB-59/3380 mentioned in Clause No. 9(a) of the above application. Unless the route is mentioned the authority cannot examine the question of plying the above vehicle on that route taking into consideration the provisions of Rule 115 of the Central Motor Vehicle Rules, 1989. It is also submitted by him that the requisite fees in accordance with the provisions of Rule 126(i) of the Motor Vehicle Rules, 1989 read with Clause 19(ii) of Schedule "A" thereto.

(3.) Let a true copy of the application submitted by the petitioner be kept on record.