DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against an order dated December 1, 2011 passed by the respondent no. 3 cancelling the agreement for operation of bus service in the route Dakshineswar to Amtala. The agreement was executed by and between the petitioners' society and the respondent no. 3.
(2.) A preliminary objection is raised at the very outset on behalf of the State-Respondents as also on behalf of the respondent nos. 3, 4 and 5. It is submitted by Mr. Pantu Deb Roy, learned senior Government counsel, High Court, Calcutta, appearing on behalf of the State-Respondents that by virtue of a judgment dated September 20, 2011 delivered in the matter of Manik Lal Majhi v. Union of India (W.P.No. 16863(W) of 2009) it was held that an agreement in between the holder of a stage carriage permit and a third party to run a vehicle on a route on the strength of such permit was invalid and illegal. According to him, after the above settled principles of law an application under Article 226 of the Constitution of India for enforcing a similar contract is not maintainable. His second preliminary objection is this the agreement in question contained an arbitration clause for referring any dispute arising out of the agreement to an Arbitrator. Therefore, according to him the writ application is not maintainable.
(3.) The above submission made on behalf of the State-Respondents adopted by Mr. Probal Kumar Mukherjee, learned counsel appearing on behalf of the respondents no. 3,4 and 5.;