SATYA RANJAN NANDI & ORS. Vs. STATE OF WEST BENGAL & ORS.
HIGH COURT OF CALCUTTA
Satya Ranjan Nandi And Ors.
STATE OF WEST BENGAL AND ORS.
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Dipak Kumar Sen, J. -
(1.) Satya Ranjan Nandi and eighty-two other persons, the petitioners, in this application, claim to be the owners of Rickshaws kept or garaged within the South Dum Dum Municipality. The petitioners further claimed to be registered as such owners by the said Municipality and alleged that they have been issued licences in respect of their rickshaws by the Municipality.
(2.) On or about the 22nd March, 1982, the Government of West Bengal issued a Notification as follows:-
"It is again notified for information of all concerned that in respect of movement of rickshaws on city roads, the following decisions have been taken to case traffic congestion:-
(i) Unlicenced Rickshaws will not be allowed to ply in city of Calcutta.
(ii) Licenced Rickshaws will not be allowed to ply or remain standing on the following roads on all hours of the day:-
(a) the entire stretch from the Shyambazar 5-point crossing to Lenin Sarani along Bhupen Bose Avenue, Jatindra Mohan Avenue and Chittaranjan Avenue.
(b) the entire stretch of Rabindra Sarani.
(c) the entire stretch of Bidhan Sarani.
Enforcement of the decisions has commenced with effect from the 22nd March, 1982."
(3.) The petitioners allege that since the issue of the said Notification there has been a concerted drive by the Police to prevent plying of rickshaws in Calcutta and rickshaws have been and are being seized and destroyed without being produced before Magistrate and without any lawful order of confiscation or destruction.;
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