LAWS(CAL)-1995-8-27

PALLAV GOSWAMI Vs. AVA RANI SINHA

Decided On August 03, 1995
PALLAV GOSWAMI Appellant
V/S
AVA RANI SINHA Respondents

JUDGEMENT

(1.) This is an application by the Petitioner-Appellant praying for stay of the operation of the order dated 13th December, 1994 passed by a learned Single Judge of our Court in Matter No. 2089 of 1994 before him, and for stay of all further Proceedings of the said Contempt Application till the disposal of this Appeal in terms thereof for the reasons stated therein.

(2.) The facts and circumstances giving rise to the relevant Contempt Proceedings and the instant Appeal may shortly be set out as follows : On an application filed by the Respondent herein, Smt. Ava Rani Sinha (hereinafter referred to as Petitioner), the State Transport Authority, West Bengal, (hereinafter referred to as S.T.A.) had granted temporary permit in her favour for 17 weeks for ,plying Bus in the route Howrah Railway Station to Itaberia on the following Resolution taken by it on 28th August, 1992 :-

(3.) A second Writ Petition was filed by the Petitioner Ava Rani Sinha against the aforesaid Resolution of the S.T.A. dated 24-11-93, which was again disposed of by the same learned Judge by the Judgment and Order dated 16th March, 1994 after contested hearing. The learned Judge by the said Judgment and Order had quashed the aforesaid impugned Resolution of the S.T.A. dated 24.11.93, which was Annexure "F" to the Writ Application, for the reasons discussed at length therein. The learned Judge bad thereunder directed the S.T.A. to grant temporary permit to the Petitioner for a period of 17 weeks for the route Itaberia to Howrah within 7 days from the date of communication of the order. The S.T.A. was further directed" to consider the application of the Petitioner for permanent permit on the said route, and to dispose of the same in accordance with law by passing a speaking order within 12 weeks from the date of communication of this order after giving an opportunity of hearing to the Petitioner."