STATE OF WEST BENGAL Vs. PRABIR CHATTERJEE

JUDGEMENT

(1.) THIS mandamus appeal is directed against two orders dated 21st september, 2006 and 22nd February, 2007 both passed by a learned Single Judge of this Court in W. P. No. 1416 of 2006 at the instance of the appellants who were respondent nos. 1 to 4 in the writ petition. Let me now consider as to how far the learned Trial Judge was justified in passing the impugned orders in the facts of the instant case.

(2.) FOR proper appreciation of the dispute between the parties leading to filing of this appeal, short background of this case is given below:-

(3.) A short question which has come up for consideration in this appeal is as to whether such a permit can be directed to be issued in favour of the petitioner for authorising him to ply his vehicle in the route as mentioned in the modified order passed by the learned Single Judge in violation of the notification issued by the Government of West Bengal, Transport Department on 6th August, 2004 when the validity of such notification was upheld by the Division Bench of this hon'ble Court in the order dated 27th September, 2005 passed in F. M. A. No. 604 of 2004 (Sujata Ganguly and Ors.-Vs- State of West Bengal and Ors. ).