PAPIYA MANI Vs. PANKAJ KUMAR SINGHA

JUDGEMENT

(1.) A stage carriage operator who was not party to the writ proceeding has filed this application seeking leave to prefer the appeal for challenging the order passed by a Learned Single Judge of this Court on 27th August, 2014 in W.P. 17174(W) of 2013 whereby the writ petition filed by the writ petitioner being another stage carriage operator, was disposed of.

(2.) THE said writ petition was filed challenging a Notification issued by the State Government bearing No. 4981 -WT/3M -134/2003 dated 27th December, 2005. As a matter of fact, the said Notification was issued by the State Government in terms of the direction issued by the Central Government in pursuance of clause (a) of sub -section (3) of Section 71 of the Motor Vehicles Act, 1988 whereby the State Government was called upon to direct the concerned Regional Transport Authority to limit by notification in the Official Gazette, the number of stage carriages operating on city routes falling under Siliguri Municipal Area.

(3.) IN pursuance of the said Central Government Notification issued on 16th December, 2004, a Notification was issued by the Transport Department of the State of West Bengal on 4th May, 2005 by limiting the number of stage carriages operating on city routes falling under Siliguri Municipal Area. Subsequently another Notification was issued by the State Government on 27th December, 2005 whereby direction was given upon all the Regional Transport Authorities of the State of West Bengal to the following effect : -