- (1.) This appeal is directed against an order passed by the Hon'ble First Court on 11.6.2010 whereby the learned Trial Judge modified the order passed on 4.3.2005 on the writ petition filed by the writ petitioners/respondents herein. The learned Trial Judge has directed the State Transport Authority to make endorsement on the permit of the petitioners allowing the petitioners to operate the vehicle in the route in question through Eastern Metropolitan Bye-pass. It has further been directed by the learned Trial Judge that the State Transport Authority shall make necessary endorsement within three weeks from the date of communication of that order. The writ petition as well as the application were disposed of finally by the learned Trial Judge on 11.6.2010. Being aggrieved, this appeal has been filed by the State authorities, inter alia, on the ground of suppression of material facts as well as on other grounds.
(2.) It appears that the writ petitioners applied for a stage carriage permit which was granted in their favour on 17.4.2008 by which the State Transport Authority issued an offer letter. The said offer letter was issued for grant of permanent stage carriage permit on the inter regional route (inter state) Barasat to Garia via Madhya gram, VIP Road, Sealdah, Gariahat, Bijon Setu, Santoshpur More, Garia Bus Stand avoiding E. M. Bye pass, After receipt of such offer letter, the writ petitioners filed a writ petition praying for the following reliefs: a) A writ in the nature of Mandamus commanding the respondents, their men, agents and subordinates to show cause as to why the said impugned resolution adopted in the meeting dated 11.1.2005 should not be quashed and/or set aside; b) A writ in the nature of certiorari calling upon the respondents, their men or agents to transmit all the records pertaining to the case in particular so that the conscionable justice may be done; c) Rule NISI in terms of prayer (a) and (b) above; d) Rule be made absolute should respondents fail to show cause or sufficient cause; e) An interim order to the effect in the event the respondents has continued to issue permit ignoring the notification dated 4.8.1994 in the route Barasat to Garia to the other intending operators, then the petitioners should be issued permit first before others; f) Ad interim order in terms of prayer (e) above; g) Costs;
(3.) The grounds mentioned in the writ petition are that the State authorities have allowed the prayer of the writ petitioners even in the year 2004 and allowed them to use E. M. Bye pass and to make the E. M. Bye pass as a part and parcel of the permit so granted by the State authority in favour of various other operators. On the said writ petition, it has further been alleged that the State authorities had granted permits to the persons of their own choice. On the said application, an order was passed by the Court on 4.3.2005 in W. P. No. 214 of 2005 whereby the Court passed the following order. After having considered the above application, it is made clear that the State Transport Authority, West Bengal shall be at liberty to issue the necessary permit in favour of the above applicants in terms of the offer letters already issued in their favour on the route 'Barasat to Garia' and the vehicles of the petitioner in plying and/or in operating on the above routes shall not touch any part of the 'Eastern Metropolitan Bye Pass' on the basis of the permits to be issued in their favour in terms of this order. The above order naturally will be subject to the final disposal of the above writ application. The above order is made as an interim measure to enable the above applicants to operate their vehicles in the meantime, meaning thereby, until the final adjudication of this writ application or until further orders. The authority concerned, however, shall be at liberty to mention in the permit or permits, those are to be issued in favour of the above applicants, that their vehicles shall not touch any part of the Eastern Metropolitan Bye Pass in operating on the above two routes. The applicants, however, will comply with other formalities of this offer letter for obtaining permits in their favour.;