DEBASHIS DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has challenged a decision of the Regional Transport Authority (RTA), Howrah dated June 29, 2022, whereby the petitioner's application for auto-rickshaw permit on Route AR-3 was rejected. The said decision was taken in terms of an order dated March 11, 2022 passed by a co-ordinate bench in WPA No.9902 of 2019.

(2.) Learned counsel for the petitioner contends that the RTA, Howrah acted without authority in passing the order since, vide Gazette Notification dated October 21, 2016, the RTA, Kolkata had been conferred with the power to exercise jurisdiction over the combined areas of Police Commissionerates of Kolkata, Howrah, Barrackpore and Bidhannagar. Moreover, by a notification dated June 7, 2016, the composition RTA was nominated. As per Rule 81(1), read with Rule 83(4), of the West Bengal Motor Vehicles Rules, 1989 (hereinafter referred to as, "the 1989 Rules"), the authority so conferred is valid for a period of three years. Hence it is contended that the designated RTA, Howrah had become defunct on the expiry of three years from the notification dated June 7, 2016.

(3.) Furthermore, the RTA, Howrah, in the impugned decision, arbitrarily specified March 11, 2022 as a cut-off date for the purpose of ascertaining the financial stability of an applicant in terms of Sec. 74(3) (b) (i) of the Motor Vehicles Act, 1988.