LAWS(CAL)-2012-3-51

ARUP PAUL Vs. STATE OF WEST BENGAL

Decided On March 12, 2012
ARUP PAUL Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE petitioner in this WP under art.226 dated December 8, 2011 is seeking the following principal relief:

(2.) BY an application dated September 6, 2011 the petitioner informed the RTA that no BS-IV complaint vehicle was available with any dealer and requested it to permit him to place a BS-III complaint vehicle. Since the RTA did not give any attention to the request, he gave a reminder letter dated November 9, 2011. The RTA ignored this letter as well. Feeling aggrieved, he has brought this WP. Under the terms of the offer he was to place a BS-IV complaint vehicle within October 15, 2011.

(3.) THE decision to grant the petitioner a contract carriage permit is still in force. By its inaction the RTA could not nullify its binding force. It would have lost its binding force only if the petitioner had failed to accept the offer. Admittedly, he accepted the offer and then stating the reasons for his inability to place the specified category vehicle within its term, he submitted the requisite application that created the RTA?s obligation to act.