RAM ASHRE HARIJAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is the second round of litigation by the petitioner whose application for grant of permanent Contract Carriage Permit had been refused by the respondents authorities. His first effort not having been successful the present writ petition has been filed though with substantially altered relief and in the process he has raised certain issues which call for scrutiny of legality of the basis of the order impugned in the writ petition.

(2.) It is not necessary for the present purpose to enter into the factual details which are more or less admitted. Suffice it, however, to say that on February 16, 2005 the petitioner made a representation to the Secretary, Regional Transport Authority, North 24 Parganas, i.e., the respondent no. 3 herein, for issue of offer letter in respect of an auto rickshaw permit on the route from Barrackpore Station to Shyamnagar Chowringhee. The petitioner had appeared before the respondent no. 2, i.e., the Regional Transport Authority, on September 12, 2005.

(3.) Since no decision from the respondents was communicated to the petitioner he moved a writ petition in the year 2006. At the hearing of the said writ petition a decision was communicated to the petitioner and this was referred to by the learned single judge. As per the communication dated, September 30, 2005, the respondent no. 3 had informed the petitioner that no permit could be issued to him in terms of his application and in terms of the restriction imposed by the notification, dated August 2, 2004 (the said notification, for short). The petitioner was requested verbally to submit an application for permit on a route outside the Kolkata Metropolitan Area.