KAMALA TRANSPORT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this WP under art.226 of the Constitution of India dated December 19, 2012 is questioning a decision of the State Transport Authority, West Bengal dated November 30, 2012 (WP p.63).

(2.) IN compliance with an order of this Court dated August 12, 2011 (WP p.40) the STA issued the permit in question to the petitioner. The order dated August 12, 2011 was passed in a contempt proceeding initiated by the petitioner in connection with his previous WP that was filed alleging that the STA was not issuing the permit, though the terms and conditions of the offer had been complied with. It is evident from the order dated August 12, 2011 that the petitioner gave an undertaking he would convert his exhaust system of the vehicle in question from BS II to BS III positively within a year from the date of the permit. The permit was issued on August 12, 2011. On August 27, 2012 and thereafter the petitioner submitted representations asking the STA to permit him to ply his BS II compliant. He stated that it was not possible for him to place a BS III compliant vehicle. His request was turned down. Mr. Chattopadhyay appearing for the petitioner has strenuously argued that on the facts of the case the STA ought not to have rejected the request to permit the petitioner to ply his BS II compliant vehicle for some time more.