R.V. Raveendran, J. - (1.) These two appeals arising from order dated 27.4.2001 in MAT No. 1100 of 2001 and order dated 2.4.2001 in MAT No. 586 of 2001 passed by the Calcutta High Court, raise a common question relating to interpretation of Sub-section (1) of Section 72 of Motor Vehicles Act, 1988 ('Act' for short).
(2.) The respondent made two applications to the State Transport Authority, West Bengal ('Authority' for short) for grant of permanent stage carriage permit, the first on 7.11.1997 for a permit for the route Dhulian Bazar to Kolkata (via Raghunathganj and Barasat), and the second on 30.11.1998 for a permit for the route Raghunathganj to Kolkata (via Barasat). As the said applications were not disposed of, the respondent approached the High Court by filing separate writ petitions and the said petitions were disposed of with a direction to the Authority to consider and dispose of the pending applications of the respondent. Thereafter, the Authority, by communications dated 18.12.2000 and 3.11.2000, offered permits for the routes Dhulian Bazar to Barasat and Reghunathganj to Barasat respectively, by curtailing/excluding the last portion of the two applied routes from Barasat to Kolkata (26 kms.).
(3.) Feeling aggrieved, the respondent filed two writ petitions which were disposed of by a learned Single Judge by orders dated 5.3.2001 and 13.2.2001 respectively. The orders directed the Authority to consider the applications of the respondent afresh as the communications of the Authority did not give reasons as to why the permits were not granted up to Kolkata. The Authority was also directed to pass reasoned orders after giving an opportunity of hearing to the respondent.;