ARUN BAL Vs. SUBHRANGSHU MONDAL

JUDGEMENT

(1.) The above appeal arises out of an order of disposal of a writ petition passed by the learned Judge on December 16, 1999 in W.P. No. 1503(W) of 1999. The appellant Nos. 1, 2 and 4 are Government officials whereas the appellant No. 3 is a private individual.

(2.) The appellant No. 1 was the District Magistrate of Midnapore at the relevant time and was the ex officio Chairman of the Regional Transport Authority, Midnapore (hereinafter referred to as RTA, Midnapore"). The appellant No. 2 was also the District Magistrate, Midnapore for the subsequent period and the ex officio Chairman of the RTA, Midnapore during his tenure as District Magistrate. The appellant No. 3 was the Secretary of the RTA, Midnapore at the relevant period. The appellant No. 3 was a private individual and a Government nominee to the RTA, Midnapore. The respondent being an unemployed youth purchased a bus.

(3.) On or about 11th November, 1998 a public notice was posted on the notice board of RTA, Midnapore inviting application for grant of 10 temporary permits for the route Haldia to Mechada Railway Station and 6 temporary permits for Haldia to Kukrahati Gate. In pursuance of such invitation the respondent being an unemployed youth applied for a route permit on November 17, 1998. The writ petitioner came to know that in a meeting held on December 24,1998 his application was rejected by the RTA, Midnapore. He was surprised to learn that the RTA, Midnapore while rejecting his application granted permits to others who were not even having any bus in their possession. He also came to learn that the permits were also granted to the owners of the concerned buses that were being plyed in other routes. He applied for certified copy of the resolution, which was denied to him. He approached this Court by way of an earlier writ petition being W.P. No. 6150(W) of 1999 wherein the respondent No. 4 being the Secretary of RTA, Midnapore appeared personally before the Single Judge on July 12,1999. The Secretary submitted that he took charge in March, 1999 as Secretary of the RTA, Midnapore and in January, 1999 a meeting was held while some of the applications received against the subject notification were considered and rest of the applications would be considered in a meeting to be held in the month of July, 1999. The learned Single Judge expressed his displeasure for having consideration of the application in lots. However, the said writ application was disposed of by directing the RTA, Midnapore to consider and decide the remaining applications as quickly as possible and not later than 1st August, 1999 Thereafter by communication dated July 30, 1999, the Secretary, RTA, Midnapore being the appellant No. 4 communicated to the petitioner the context of the resolution of RTA, Midnapore in a meeting held on July 22,1999. In the said meeting it was resolved that as vacancy did not exist on those routes and as there was no public demand for more bus on the aforesaid routes the applications were all rejected.