NARAYAN KUMAR MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners who are said to be temporary permit holders in respect of Route No. SD-4 were issued permit by respondent No.4 have approached this Court under Article 226 of the Constitution seeking a relief of Mandamus directing the respondents not to issue or grant any further stage carriage permit in respect of route in question in excess of the existing fleet strength of 26 buses. They have further claimed to withdraw the resolution passed by the Regional Transport Authority to increase the strength and to issue permit on the basis of the said resolution.

(2.) Brief facts stated in the writ petition are as follows : Petitioners allege themselves to be the holders of temporary stage carriage permit purchased their vehicles and they were plying their vehicles on the route in question. According to them there is a sauctioned fleet strength of 26 vehicles. Petitioners were granted permit which was renewed from time to time extending the period of validity of the permit. Subsequently, while issuing renewal certain restrictions were imposed by the respondents and petitioner Nos. 7 to 16 operated their vehicles in between Bibirhat to Garfa covering Via Thakurpukur, Behala, Taratolla, Tollygunge Phari, Rashbehari Avenue, Goriahat, Jadavpur.

(3.) Aggrieved by the action of the respondents, petitioner Nos. 7 to 16 jointly filed the Writ petition on 10th of March, 1994 and the learned Single Judge of this Court asked for an affidavit-in-opposition. His order is as follows :-