STATE OF WEST BENGAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-1983-9-25
HIGH COURT OF CALCUTTA
Decided on September 05,1983

STATE OF WEST BENGAL Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THE order dated 25th January, 1983 passed by Sri M. R. Mallick, presiding Officer, State Transport Appellate tribunal, West Bengal, in Appeal No. 95 of 1982 is the subject-matter of challenge in the two writ petitions which I have analogoously heard.
(2.) ON 8th April, 1982, the- Regional Transport Authority, calcutta Region had resolved to issue contract carriage permits far plying three wheeler Auto Rickshaws in that city of Calcutta bounded by Vivekananda bridge on the north-west, Dunlop Bridge on the north, Dum Dum Airport on the East, garia and the northern portion of Diamond harbour Road, Thakurpukur on the south and Howrah Railway Station on the west. Oh 12th March, 1982, the Secretary, Regional transport Authority, Calcutta Region published in the newspapers notices stating that the Calcutta Regional Transport Authority, proposed to grant under section 51 of the Motor Vehicles Act, 1939, Contract carriage Permits for three wheelers Auto rickshaws in the aforesaid area. Total number of such permits to be issued was stated to be two thousand. The Secretary to the Regional Transport Authority, calcutta Region also purported to invite, objections against the said proposal in terms of section 50 of the Motor Vehicles Act, 1939 from interested persons and fixed 26th april, 1982 as the last date for submission of such objections. On 22nd April, 1982 the Bengal Taxi Association; and this who are the petitioner no. 1 in Civil Rule No. 4882 (W) of 1982 submitted representation against the said proposed grant of permits for Auto Rickshaws. Five other representations were submitted against the said proposal for granting Contract Carriage Permits for Auto Rickshaws in Calcutta.
(3.) ON 28th April, 1932, the Regional transport Authority, Calcutta Region, purported to over-rule the said representations including the one filed by the Bengal Taxi association and authorised the Secretary, regional Transport Authority to invite applications for grant of two thousand permanent contract carriage permits for three wheeler Auto Rickshaws. Being aggrieved by the said resolution of the Regional transport Authority, Calcutta Region, dated 28th April, 1982, rejecting their representation against proposal to grant contract carriage permits for Auto rickshaws, the Bengal Taxi Association and six others, who were the members and operators of the said Association, preferred, under section 64 of the Motor Vehicles Act, 1939, S. T. A. Appeal No. 95 of 1982, before the State Transport Appellate Tribunal, West Bengal.;


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