AMAR MAJI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner Amar Maji being appellant assailed the judgment of the learned Trial Judge delivered on 13th October, 2015 in W.P. No. 7086(W) of 2011 (Amar Maji v. The State of West Bengal & Ors.), the operative part of which is set out:- The impugned decision of the R.T.A. holding transfer of permit bearing no. P.St. P. No. 95/87-88 on 23rd May, 2003 is accordingly sustained, not on the basis of R.T.A's reasoning, but on the basis of reasoning disclosed in this judgment. The writ petition accordingly fails.

(2.) The permit for contract carriage P.Co.P.6/144/78-79 of the impugned route, after deletion name of one Gopinath Roy standing in the name of Nandalal Maji brother of the appellant and predecessor of respondent Nos. 4(a) to 4(c), was subsequently converted into special State carriage permit bearing P. St. P. 95/87-88 and the same was the subject in controversy before the Writ Court.

(3.) Mr. Arabinda Chatterjee learned Senior Advocate apprised us about the facts of the case. It was contended that in the route on which the vehicle WRH-59, was to ply, belonged to said Nandalal Maji, (since deceased). The appellant subsequently placed his own vehicle WB-25B/2338 for plying on the same route on the plea that the said permit was transferred in the name of the writ petitioner/appellant by the Secretary, Regional Transport Authority on 23rd May, 2003 on basis of a joint application of the writ petitioner and his brother Nandalal Maji, since deceased.