DAILY PASSENGERS ASSOCIATION Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition, Daily Passengers' Association, Bishnupur, a registered association of daily passengers, has prayed for direction upon the respondents not to give effect to the order dated 15th December, 2003 signed by the District Magistrate and issued by the Regional Transport Authority by which the concession given to daily passengers has been reduced to 30% from previous concession of 50% of the existing fare.

(2.) Mr. Khan, the learned advocate appearing on behalf of the State Transport Authority and Mr. Chattopadhyay, appearing on behalf of the Bus Owners' Association, have raised a preliminary objection as to the maintainability of this writ application.

(3.) Both of them have contended that the concession being granted on the basis of agreed decision of the Bus Owners' Association on the request of the Passengers' Associations with the intervention of Regional Transport Authority, the petitioner has no right to file a writ application inasmuch as they have no existing legal fundamental right in their favour to have concession on the rate of fare fixed by the authority.