DIPIKA NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners before this Court are bus operators in Route No. S.D.9 and S.D.,9/1. This route covers the distance between Nurpur and Alipore Zoo via. Esplanade, Central Bus Terminus (CBT). This route was originally between Nurpur and Alipore Zoo, but had subsequently been extended till tbe (C.B.T.), Esplanade. Alipore Zoo, however, was retained as one terminal point, the other being Nurpur. The petitioner's complain before this Court is against an order of the Regional Transport Authority (RTA), South 24-Parganas, Alipore passed on 22nd July, 2004. By this order, the RTA has directed cancellation of the permits of the petitioners in respect of the extended portion being "via CBT, Esplanade," The petitioners were directed by the said order to surrender their permits before the Secretary RTA South 24-Parganas within a period of fortnight therefrom for necessary action.

(2.) The controversy involved in the instant petition originates from a representation made by the Respondent No. 4, on 19th July, 2002 before the said RTA alleging that the petitioners' vehicles were using the C.B.T. Esplanade as their terminus. The Respondent No. 4 is an operatorin Route No. 210 which more or less traverses the same route as that of the petitioners, with Esplanade as one of its terminus. The Respondent No. 4 therafter filed a writ petition before this Court for redressal of his grievance, being W.P. No. 5375 (W) of 2003 (Abdul Kalam Mullick v. West Bengal & Ors.), This writ petition was disposed of by an Hon'ble Single Judge of this Court on 4th July, 2003 with the following direction :-

(3.) Thereafter, the Transport Authority had issued a memorandum addressed to the Secretary of the S.D-9 and S.D-9/1 bus syndicate on 19th September, 2003. This memorandum was in the nature of the show-cause notice. There was subsequent exchange of correspondence between the Secretary of the petitioners' association and the Transport Authority on the subject-controversy which eventually led to the passing of an order by the Transport Authority cancelling the extended portion of the route to Esplanade from the permit of the operators of Route No. S.D-9 and S.D-9/1 . This order was passed on 2nd April, 2004 after issuance of a notice in the nature of "show-cause" addressed to the "Secretary, Route No. S.D-9 and S.D-9/1."