SUBRATA GHOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is a permit holder providing stage carriage service on the inter regional route Baharampur to Suri via Lalbag, Jiaganj, Lalgola, Jangipur, Raghunathganj, NH 34, Moregram, Lohapur, Nalhati etc. and back (express service), issued by the State Transport Authority, West Bengal. He is aggrieved by the decision of the Regional Transport Authority, Murshidabad (hereafter the RTA) dated July 26, 2012 to issue 123 permanent contract carriage permits in respect of trekkers, maxicabs, autorickshaws etc. having seating capacity ranging from 3 + 1 to 9 +1.

(2.) The basic premise of challenge is that the applicants intending to provide contract carriage services on the respective routes/areas proposed by them did not specify particulars of the contracts entered into by and between them and the individuals seeking to avail such services. Accordingly, prayer has been made by the petitioner for quashing the impugned resolution dated July 26, 2012.

(3.) The sole contention of Mr. Chatterjee, learned advocate for the petitioner, is that while deciding to grant permits, the RTA did not consider the provisions of Sections 2(7) and 74 of the Motor Vehicles Act 1988 (hereafter the Act) as well as Rule 115 of the West Bengal Motor Vehicles Rules, 1989 (hereafter the Rules) and acted illegally for which judicial interference is necessary to set things right. According to him, one desirous of obtaining a permit to provide contract carriage service must provide the names of the passengers with whom a contract had been entered for being carried from one destination to the other at the time the application for permit is presented before the permit issuing authority.