SOMEN CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner in WPA No. 22553 of 2025, challenging inter alia, on the following-

(2.) Apropo the facts of the case is that the petitioners are stage carriage permit holders in Route no. 71 (Howrah Maidan to Mahishbathan), Route no. 28 (Sealdah to Howrah Maidan via Amherst Street, C.R. Avenue, Pagaiya Patty, Burrabazar , Howrah Station) and Route no. 24B (Howrah Station to Munshi Bazar Via Howrah Station , Burrabazar , Pagaiya Patty, C.R Avenue Crossing , Amherst Street, Sealdah , Lorry Road , Palmer Bazar crossing respectively and their permits are valid for a substantial period of time. The petitioners are plying their vehicles strictly in accordance with the prescribed rules, since the permits have been granted pursuant to the notification dated May 20, 2003.

(3.) The Transport Department, Government of West Bengal in exercise of its power conferred under Sec. 71(3)(a) of the Motor Vehicles Act, 1988 and under the direction of the Central Government as conveyed in No. SO.288(E) dated April 4, 1994 of the Ministry of Surface Transport and in supersession of the notification dated May 9, 2000 issued a notification dated May 7,2003 which has been published in the Official Gazette on May 20,2003 directing the Regional Transport Authorities (hereinafter referred to as the 'RTA')of Kolkata and Howrah to limit the number of stage carriages (Ordinary Service and Special Service) and Special Stage carriages operating on city routes in towns within the jurisdiction of Kolkata Police along with the areas under Salt Lake and Lake Town Police Station in respect of RTA, Kolkata in the manner specifies therein with immediate effect. In the notification several routes have been incorporated fixing the maximum number of stage carriage permits to be granted.