BIKASH MAJUMDAR 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 not parties to the writ petition. The appellants were allowed to file the instant appeal by this Court as they were found to be adversely affected by the orders impugned in this appeal.

(2.) THE appellants claim that if the stage carriage permit (bus) is granted by the concerned authority in favour of the petitioner in respect of the route i. e. from howrah New Bus Stand to Barrackpore via Howrah Bridge, Barabazar Road, sealdah in terms of the orders passed by the learned Trial Judge of this Court, then such permit will overlap the existing route of the appellants in respect of the portion of alignment of the route from Howrah Maidan to Sealdah in which the appellants were permitted to operate their vehicles. The appellants further claim that since such overlapping was discouraged by the Hon'ble Division Bench of this Court in the case of Sujata Ganguly Vs- the State of West Bengal and Ors. in f. M. A. No. 604 of 2004, the orders passed by the learned Trial Judge cannot be sustained as the said orders were passed in total disregard of the spirit of the hon'ble Division Bench of this Court in the case of Sujata Ganguly (supra ). Be that as it may, since the orders passed by the learned Single Judge of this Court on 21st September, 2005 and 22nd February, 2007 in W. P. No. 1416 of 2006, have already been set aside by this Court in the appeal being A. P. O. No. 206 of 2007, the merit of the instant appeal need not be considered by this court any further. The appeal, thus, stands disposed of.