LAWS(CAL)-2012-4-59

SK. NURUL AMIN Vs. STATE OF WEST BENGAL

Decided On April 12, 2012
SK. NURUL AMIN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE petitioner in this WP under art.226 dated March 29, 2012 is seeking the following principal reliefs:

(2.) THE petitioner applied to the STA for grant of a permanent stage carriage permit for the route Dhulian Bazar Kolkata (via Raghunathganj and Barasat). Alleging inaction he moved a WP under art.226 before this Court that directed disposal of the application. THE STA decided to grant permit for the route Dhulian Bazar Barasat. It issued an offer letter dated December 18, 2000.

(3.) THE Supreme Court held that the proviso to sub-s.(1) of s.72 of the Motor Vehicles Act, 1988 did not prohibit curtailment, for a valid reason, of a portion of the route for which the permit was sought; that, in fact, sub-s.(1) of s.72 of the Act specifically authorised grant of a permit with modifications, if necessary; and that curtailment of the route was a modification as contemplated in sub-s.(1) of s.72 of the Act.