STATE OF WEST BENGAL Vs. SHYAMAL BANIK

JUDGEMENT

(1.) This is an application for stay of operation of the judgement and order dated 13th April, 2005 passed by the learned Single Judge in W. P. No. 160(W) of 2005. The writ petitioner applied for Permanent Stage Carriage Permit (Express Service) on the route DN-18(Express) Shyambazar to Hasnabad before the Regional Transport Authsrity (R.T.A in short). The said R.T.A. upon consideration of the application of the writ petitioner issued an offer letter dated 15th June, 2004 under its memo No. 807/MV/RTA/BST, directing him to place a vehicle with the specification and on the terms and conditions as noted therein within 120 days from the date of issue of the said offer letter. The said offer letter contained various terms and conditions out of which the condition No. 3 is of relevance for the purpose of disposal of this application. The said condition reads as under:

(2.) Serial No. 1 of the conditions refers to the emission standard of the vehicle that may be put on the route by the writ petitioner on the strength of the offer letter.

(3.) It is not disputed that pursuant to the said offer letter the petitioner by its letter dated 25th June, 200)4 produced before the Regional Transport Authority all relevant documents of the vehicle in question that was sought to be put in the route in terms of the said offer letter. It is also evident there from that the said vehicle was registered with the Motor Vehicles Department of the Government of West Bengal some time in the year 1988. The registration certificate also discloses that the vehicle in question was manufactured in the year 1988. As the said vehicle did not fulfil the condition No. 3 of the offer letter, no permanent stage carriage permit was issued to the writ petitioner.