SHAMPA SHEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application is directed against a resolution dated December 17, 2013, adopted in respect of Agenda No.11 in the meeting of the respondent No.2. By virtue of the impugned resolution the respondent No.2 approved the application of the petitioner for granting permanent stage carriage permit in her favour to ply her vehicle (bus) on the route from Digha/Solepatta to Salt Lake Karunamoyee without touching the areas restricted under notification No.3438 -WT/3M -139/2004 dated August 2, 2004, i.e. the Central Business District, viz. Esplanade and Band Stand in Kolkata and Howrah Station and approaching areas of Howrah Bridge (Rabindra Setu). There was a direction upon the petitioner to submit sketch showing the route alignment before obtaining offer letter.

(2.) IN order to adjudicate the issues involved in this writ application, the backdrop of this case is taken up for consideration as follows: -

(3.) THE petitioner filed an application under Article 226 of the Constitution of India in the matter of Smt. Labanya Shee Vs. State of West Bengal and Ors. (in re: W.P. 509 of 2004). By virtue of a judgment dated March 23, 2004 delivered in the matter, the above resolution dated February 18, 2004 (Item No.34/12) was set aside. The relevant portions of the above judgment are set out below: -