GOPAL CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in the present writ petition applied for stage carriage permit in the route between Bishnupur and Tata via Taldanga, Khatra, Bandwan, Katting and Barabazar etc. The original application in this regard was made on 21.11.1997. In fact, two applications were made one for temporary and one for permanent permit. At that point of time there was no inter-State reciprocal transport agreement in operation between the STA, West Bengal and the State Transport Authority, Jharkhand. Subsequently, in 1988 the petitioner sent a representation to the State Transport Authority, West Bengal for considering grant of stage carriage permit in this route and it appears that another representation was made by the petitioner to the same authority on 19.3.2004 which were endorsed by various public bodies and several people's representatives in the area to be covered by the route proposed. Some people of that area also have made a similar representation around that time. The petitioner's prayer for permanent permit on that route however was rejected by the State Transport Authority, West Bengal by a resolution dated 27.7.2000 on the ground that the route was not approved in the final agreement.

(2.) Challenging this resolution the petitioner approached this Court by filing a writ petition being W.P. No. 2553 of 2001, Gopal Chandra Ghosh vs. State of West Bengal & Ors. This writ application was disposed of by this Court with the following observation :

(3.) Subsequently, a draft agreement between the State of West Bengal and Jharkhand was issued on 4.9.2002 in pursuance of section 88(5) of the Motor Vehicles Act, 1988. In the agreement contained against serial number 109, one of the route envisaged was between Bishnupur and Tata via Taldanga, Khatra, Bandwan, Ratting and Barabazar. The total distance between Bishnupur and Tata through this route is 166 Kilometers.