STATE OF W B Vs. BIDYUT KUNDU

JUDGEMENT

(1.) CHALLENGING the judgment and order dated 24th november, 2006 passed by the learned Trial Judge in WP No. 1605 of 2006 this appeal has been preferred by the State respondents. By the impugned judgment under appeal learned Trial Judge passed a mandatory order directing the Regional Transport Authority, Howrah, to issue a stage carriage permit by extending the life of offer letter as issued on 7th July, 2003 which faced the natural death in view of the statutory provision under Rule 141 of the West Bengal Motor Vehicles Rule, 1989.

(2.) THE fact of the writ petition was very short. The writ petitioner was offered to place his vehicle for grant of stage carriage permit. The Regional transport Authority, Howrah by its communication dated 7th July, 2003 directed the petitioner to place his vehicle within three months from the date of issuance of the offer letter. This offer letter breathed its last. After three months the vehicle was not placed. Thereafter, after long three years this writ petition was moved seeking placement of vehicle and the learned trial Judge passed the impugned judgment. The impugned judgment under appeal is as follows:

(3.) THE only consideration passed in the appeal is impact of Rule 141 of the west Bengal Motor Vehicles Rules, 1989. The said provision reads as follows: