STATE OF WEST BENGAL Vs. NAIB TRANSPORT PRIVATE LTD
LAWS(CAL)-1963-8-1
HIGH COURT OF CALCUTTA
Decided on August 06,1963

STATE OF WEST BENGAL Appellant
VERSUS
NAIB TRANSPORT PRIVATE LTD. Respondents




JUDGEMENT

Bose, C.J. - (1.)This is an appeal from an order of Sinha, J., dated the 17th November, 1960, making a Rule issued under Article 226 of the Constitution absolute and directing the Regional Transport Authority, Calcutta Region, to recall or cancel the permit granted to the Directorate of Transportation for running of 700 stage carriages, on route No. 12-C in the Calcutta region.
(2.)The respondent No. 1 Naib Transport Private Ltd., is the owner of 7 buses and the respondent No. 2 Sarat Kumar Chatterjee is the owner of another bus. The said buses used to ply on route No. 12-C in Calcutta being from Howrah Station to Barisha until 1st of April, 1960. Prior to that the said buses were until the year 1954 plying on route No. 33 which was from Paikpara to Chetla. In September 1954, an agreement was entered into between the owners of the said 8 buses and the Regional Transport Authority, Calcutta Region whereby the R. T. A. withdrew its buses which were running in route No. 12-C in Calcutta and came over to route No. 33 and the said buses belonging to Naib Transport Private Ltd., and Sarat Kumar Chatterjee were withdrawn from route No. 33 and went over to route No. I2-C instead. Since then the said buses were running on route No. T2-C until 1st of April, 1960, as already stated. In the meantime the Indian Motor Vehicles Act (Act IV of 1939) was amended by the Motor Vehicles Amendment Act 1956 (Act 100 of 1956). On or about 17th August 1957, the Directorate of Transportation, Government of West Bengal which is a State Transport undertaking prepared a scheme under the provisions of Section 68-C of the Motor Vehicles Art for the purpose of taking over certain routes in Calcutta to be run and operated by the said Directorate of Transportation to the complete exclusion of other persons. This scheme was published in the Calcutta Gazette on the 22nd August, 1957, and pursuant to that scheme the Directorate of Transportation passed an order for taking over route No. 12-C in Calcutta to the exclusion of all passenger services on and from 1st April, 1960. Thereupon the respondents Naib Transport Private Ltd. and Sarat Kumar Chatterjee challenged that order purporting to take over route No. 12-C from 1st April, 1960, and on or about 18th March, 1960, they made an application under Article 226 of the Constitution challenging the scheme and the approval thereof and the said order purporting to take over route No. 12-C. A rule Nisi was issued on that date. The said Rule ultimately came up for hearing before my learned brother G.K. Mitter, J., on 3pth March, 1960, and on 31st March, 1960, G.K. Mitter, J., directed the issue of a writ of certiorari quashing the order of the Directorate of Transportation regarding the implementation of the scheme dated the 17th August, 1957 and the learned judge also directed the issue of a writ of prohibition directing the respondents to refrain from taking over route No. 12-C in terms of the purported scheme. The learned Judge however delivered his judgment on the 12th April. 1960. At the hearing before Mitter, J., a permit dated the nth September, 1956, granted by the Regional Transport Authority to the State Government was produced. As the respondent No. 6 continued to ply the buses on route No. 12-C even after the order of Mitter, J., dated the 31st March, 1960, the respondents Naib Transport Private Ltd. and Sarat Kurnar Chatterjee made an-othpr application under Article 226 of the Constitution on 13th May, 1960, for cancellation or quashing of the permit which was granted for running of 700 buses on the nth September. 1956, and a Rule Nisi was issued on the date. The matter came up for final hearing before Sinha, J., after the filing of the affidavits. The learned Judge directed that the matter should be tried on evidence.
(3.)Before Sinha, J., three points were urged on behalf of respondents Naib Transport Private Ltd., and Sarat Kumar Chatterjee. The first point taken was that before a permit could be granted to the Directorate of Transportation by the Regional Authority an order of the State Government directing the Regional Transport Authority to grant stage carriage permits to the State Government was necessary under the provisions of Section 58-A of the Indian Motor Vehicles Act which was introduced by the Motor Vehicles (West Bengal Amendment) Act, 1951 (West Bengal Act XIX of 7951); but as no such order which was a condition precedent to the grant of any permit by the Regional Transport Authority to the State Government, was made either on the alleged date of 14th August, 1956, or any other date, the permit granted on nth September, 1956, was invalid. The second point taken was that after the coming into operation of Chapter IV-A of the Motor Vehicles Act on the 3oth September, 1956, by reason of the Motor Vehicles Amendment Act 1956 (Act 100 of 1956), Section 58-A of the Act must betaken to have been impliedly repealed and consequently the permit dated nth September, 1956, erased to have any effect from that date. The third point taken was that in any event Section 58-A was ultra vires the Constitution being violative of Article 14 of the Constitution. The learned trial Judge has found against the respondents petitioners Naib Transport Private Ltd., and Sarat Kumar Chatterjee on the second and third points, hut he found in favour of the said petitioners with regard to the first point and accordingly made the Rule absolute and directed the permit dated nth September, 1956 to be cancelled or withdrawn by the issue of a writ in the nature of mandamus and the Directorate of Transportation was also forbidden from plying any bus on route No. 12-C on the strength of such permit. It is against this order of the learned trial Judge dated the 17th November, 1960, that the present appeal has been preferred.


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