BASUDEV MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ application being W. P. No. 10961 (W) of 2005 (hereinafter referred to as the first writ application) is filed by an operator of stage carriage operating his vehicle on the strength of a permanent stage carriage permit being P. S. T. P. NO. 5 of 2002-03 on the route from Kantakhali to Chinchira, District Paschim table in favour of petitioner as also to prevent the Midnapore Zilla Bus Babsayi Samity from issuing rotational time table on the concerned route.

(2.) THE writ application being W. P. No. 9655 (W) of 2007 (hereinafter referred to as second writ application) is filed by twelve operators of stage carriage operating their respective vehicles on the strength of their respective permanent stage carriage permits on the route from Midnapore to Lalgarh (extended up to) Sarenga, Paschim Midnapore. This writ application is filed for a direction upon the respondent authority to grant extension of the rotational time table in respect of the concerned route after withdrawing and/or cancelling the notice dated may 7, 2007 issued for the purpose of submitting individual time table instead of rotational time table. Since, the route relating to the permanent stage carriage permit of the writ petitioner in the first writ application claiming to be on the same alignment of the route relating to the permanent stage carriage permits of the writ petitioner in the second writ application and the issue involved in the matters is one and same, both the writ applications are taken up for analogous hearing with the consent of all the parties to these proceedings.

(3.) THE common facts involved in both the writ applications in a nutshell are as follows:-The Regional Transport Authority, Paschim Midnapore used to issue separate time tables in connection with different permanent stage carriage vehicles attached to different permits. The Regional Transport Authority, Paschim Madnapore, in a joint meeting with its counterpart of Howrah, adopted a resolution dated March 7, 1986, that the Secretaries of both the regions would prepare rotational time table for plying of vehicles on the strength of their permanent stage carriage permits on all the inter-district routes and would place the same in the join meeting of the above Regional Transport Authorities.