- (1.) The petitioner in this WP under art.226 dated February 6, 2012 are questioning a decision of the Regional Transport Authority, Burdwan dated November 16, 2011(at p.33). The impugned decision is quoted below: "The applicant is present at the time of hearing and is heard. The case is considered & rejected on the ground that financial solvency has not been established in terms of Sec 71(3)(d) (i) of the M.V.Act,."
(2.) The petitioner applied for grant of a stage carriage permit for the route: "Simdal to Burdwan Via- Talit. Local, 4 up & 4 down ( as per proposed Time Table)." By the impugned decision the RTA rejected the application on the grounds that he failed to establish his financial solvency, a requirement of the provisions of sub-cl.(i) of cl.(d) of sub-s.(3) of s.71 of the Motor Vehicles Act,1988.
(3.) Sub-section(1) of s.71 of the Act provides that an RTA shall, while considering an application for grant of a stage carriage permit, have regard to the objects of the Act. Subsection (2) of s.71 of the Act provides that an RTA shall refuse to grant a stage carriage permit, if it appears, from any time-table furnished that the provisions of the Act with respect to speed at which vehicles are to be driven are likely to be contravened; but that before refusal it shall give an opportunity to amend the time-table. Clause(a) of sub-s.(3) of s.71 of the Act provides that a notification can be issued limiting the number of stage carriages generally or of any specified type operating on city routes in certain towns. Clause (d) of sub-s.(3) of s.71 of the Act provides the manner how an application for a stage carriage permit for grant of a notified route shall be considered by an RTA. The things the RTA must consider have been specifically mentioned; the first of them is the financial stability of the applicant.;