SHANKAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE impugned decision dated 21st September, 2012 passed by the respondent no. 2, the Regional Transport Authority, Nadia, declining grant of permanent contract carriage permit for plying an Auto Rickshaw (L.P.G.) on the route Chakdaha to Madhanpur via Palpara, Sardnaga, Simurali Station, Bhagirathi Silpasram, Jangalgram, Marfodanga has been assailed. By the impugned decision the permit was rejected with the following observation:

(2.) LEARNED Counsel appearing on behalf of the petitioner submits that the order is a non -speaking one and does not disclose either to the factual foundation or the reasons in support thereof. He further submits that in respect of the same route other operators were granted permits.

(3.) I have considered the rival submissions of the parties and the materials on record. It is true that in the impugned decision reference to 'road condition ', 'congestion of road traffic ' and 'safety and security of the passengers ' have been recorded. It is, in fact, a mechanical chanting of the factors stated in Clause (6) of Notification No. 268 -WT/3M -01/2010 Pt. dated 29th January, 2010. Clause (6) of the aforesaid Notification reads as follows: