AJIT KUMAR KHAN AND OTHERS Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-1994-9-43
HIGH COURT OF CALCUTTA
Decided on September 06,1994

Ajit Kumar Khan And Others Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Prabir Kumar Majumdar, J. - (1.)This appeal is against the judgment and order dated 20th Jan., 1994, passed by a learned Judge of this Court by which the learned Trial Judge rejected the prayer for interim order. The learned Trial Judge further directed by the said order that any grant of stage carriage permit will abide by the decision on the writ application The directions for affidavit was given
(2.)The appellants have come up against this order rejecting their prayer for interim order. When the said application was moved, it was submitted by the appellants as also the respondent that the writ petition may also be disposed of by this Court and ail the parties agreed to this suggestion. The direction for filing Paper Book was given and the appeal has now come up before us for disposal, and also the writ petition.
(3.)The appellants filed an application under Art. 226 of the Constitution for withdrawal or cancellation of the decision of the State Transport Authority dated 15th Dec., 1993 as communicated b; Memo dated 27th Dec., 1S93, being Annexure Nto the writ petition. The Annexure N to the writ petition is to the effect that the State Transport Authority considered the report of the Chairman Hooghly R. T A and D. M. Hooghly regarding plying of 10 seater buses in Hooghly district. The State Transport Authority after due deleberation, in exercise of powers under the second proviso to Rule 163 of the West Bengal Motor Vehicles Rules, 1989 (hereinafter referred to as the Rules), decided to fix the minimum seating accommodation for stage carriage as 10 only in the 52 routes specified in the said notification and limited to the total number of 150 vehicles. By the said notification the S. T. A. further directed that while introducing new 10 seater stage carriages due regard to the Rules 105 and 107 of the said Rules should be given and the fare should be fixed as stage carriages.


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