SADHU CHARAN MAHANTI Vs. STATE

JUDGEMENT

(1.) Let the affidavit of service be kept on record. This writ application is directed against a resolution (serial No. 89) adopted in the meeting of the respondent No. 2 on July 26, 2011. The above resolution was adopted rejecting the application of the petitioner for granting contract carriage permit in his favour for plying his vehicle (Auto- Rickshaw) on the route from South Chandmari to Modhanpur Station via Beltala, Iswaripur, Alipur.

(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case, I find that the ground for rejecting the above application was that the solvency of the petitioner had not been established.

(3.) The procedure for granting contract, carriage permit is prescribed in section 74 of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act, 1988). The provisions of sub-section (2) of section 74 of the said Act, 1988 are relevant for deciding the issue involved in this writ application and the same is quoted below:-