JUGAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is questioning the decision of the Regional Transport Authority dated April 18th, 2005 imposing certain conditions while permitting him to replace his existing motor vehicle. Two conditions imposed by the authority have made him aggrieved, they are (i) the width of the vehicle should be 84 inches having a gangway of 18 inches, (ii) it should be registered with the Registering Authority, Kolkata.

(2.) On June 26th, 1992 permit, for the first time, was issued in favour of the petitioner by the Regional Transport Authority, Kolkata. The vehicle (a minibus) was to ply along the route "Dunlop Bridge to BBD Bag". On February 24th, 2005 the authority adopted a resolution that vehicles under its control should be registered with the Registering Authority, Kolkata so that it could exercise the regulatory powers more effectively. On April 11th, 2005 the petitioner submitted an application seeking permission to replace his existing vehicle by a new one. That application was disposed of by the impugned decision dated April 18th, 2005.

(3.) Advocate for the petitioner submits that the authority has arbitrarily imposed the condition that width of the vehicle should be 84 inches having a gangway of 18 inches. His argument is that in a large number of cases the authority permitted similar replacement by vehicles having a larger width and wider gangway. In support of his contention he refers me to para 4 of the supplementary affidavit affirmed by the petitioner on June 22nd, 2005.