PULEN DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Considering the subject matter of dispute and as agreed to by the parties, this writ petition was taken up for final hearing at the Admission stage. Before going to the controversy raised, it would be beneficial to narrate the brief facts of the case.

(2.) 2 (two) petitioners have joined together in this writ petition to challenge a notification dated 17.12.2018, issued by the Secretary to the Government of Assam, Transport Department, by which, approval was accorded to the Assam State Transport Corporation (ASTC) to operate Authorized Testing Stations in each District of the State of Assam by realizing service charges from the vehicles as per Rules mentioned in the said notification. According to the petitioners, the impugned action is not only violative of the statute holding the field but is also absolutely unreasonable and arbitrary inasmuch as ASTC, whose primary activity is of running of transport and stands as a competitor to the petitioners and other transport owners, cannot be given such powers.

(3.) I have heard Shri P. K. Goswami, learned Senior Counsel assisted by Shri B. P. Borah, learned counsel for the petitioners. I have also heard Shri Y. Doley, learned Standing Counsel for the Transport Department. The ASTC is represented by Shri N. Dutta, learned Senior Counsel assisted by Shri J. Roy, learned counsel.