STATE TRANSPORT AUTHORITY Vs. NIRMALENDU DAS

JUDGEMENT

(1.) This application for stay dt. 9th Jan, 1989, was moved in an Appeal which was preferred against an order dated 22nd Dec. 1988, made in the concerned Writ Petition, by a learned Judge of this Court.

(2.) The copy of the order was not produced by either of the parties in this proceeding, even though they have filed the other pleadings, since the said copy was not made available to them. But the gist of the order has been quoted in para 4 of the application and that shows that the said order contains two parts and the first part relates to direction on the State Transport Authority concerned, to dispose of an application on consideration of the representation of the petitioner after taking into account a mass petition, the particulars whereof, would be indicated hereinafter, within two weeks from the date of the communication of the order And the second part of the said order is to the effect, that those authorities to make an order to the effect that the Writ petitioner/Respondent will run his vehicle in the meantime under the orders of the Court without any permit and further, they should grant temporary permit to the Writ petitioner/Respondent. We think, on the basis of the submissions as made before us, some relevant facts, as under, will have to be narrated.

(3.) The Writ Petitioner/Respondent claimed that he was the owner of the three luxury buses bearing Nos. WGB 5660, 5661 and 6077 and it was his case, that those vehicles were and are duly registered in his name by the Registering authority, Midnapore and they were lying idle on the date of moving the Writ Petition i.e. till 22nd Dec, 1988, when the application in which the concerned order, which is in issue in this Appeal, was preferred. It was his case that the vehicles in question, were purchased on hire purchase agreement basis and all dues, rates and taxes for them have been duly paid and they are not lying outstanding. It was his case that for the vehicles, the Writ Petitioner/Respondent applied before the Regional Transport Authorities of Howrah and Midnapore and also S.T.As. concerned, for stage carriage permits in different routes of West Bengal. Mr. Banerjee appearing for the Writ Petitioner/Respondent and opposing the present application, has filed a chart showing the manner and way in which those applications have not really been considered by the authorities concerned. In fact, it was pointed out by him that in respect of all the routes, as applied for, interviews have been taken and on asking, necessary documents and records have been produced, but in many cases results have not as yet been communicated. He further pointed out that in respect of the route Tamluck to Balurghat, R.T.As. Midnapore, granted a temporary permit but ultimately, his client could not avail of the benefits of such grant, because of machination of the authorities concerned. It has been stated by him that in respect of the route Calcutta to Gopalpore, a permanent permit was issued for a period of five years by S.T.A., West Bengal but ultimately the same was refused by the State Transport Authority, Orissa since they have refused to countersign the same. It was Mr. Banerjee's further case that at least in respect of five applications for various routes, no steps have been taken by R.T.A. Midnapore and those applications are still pending and till the date of moving the writ petition, the writ petitioner/respondent was not informed anything about the fate of those applications.