AKTHAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was plying his auto-rickshaw in the Howrah and Bally Municipal areas on a permanent contract carriage permit which was renewed on December 1, 2016 up to November 30, 2021, for the last time by the Regional Transport Authority (RTA), Howrah.

(2.) When the petitioner applied for renewal and deposited the requisite fees on November 8, 2021, such renewal was not granted, on which the petitioner, thorough an advocate, sent a Demand Justice Notice to the RTA on May 5, 2022 to which a reply was given by the Authority, declining to renew the permit of the petitioner since the petitioner did not take opportunity of the regularization process which was given pursuant to Notifications dated March 5, 2004 and December 10, 2018 issued by the Transport Department, Government of West Bengal.

(3.) It is contended by learned counsel for the petitioner that Sec. 81 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the 1988 Act') provides for renewal of permits. It is argued that a permit renewal can be rejected only on the grounds as specified in sub-sec. (4) of Sec. 81. However, in the present case, though no such ground was applicable, yet, the petitioner's renewal application was rejected arbitrarily.