BIJOY THAKUR Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-4-140
HIGH COURT OF CALCUTTA
Decided on April 03,2012

Bijoy Thakur Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated March 29, 2012 is questioning a decision of the Regional Transport Authority, Nadia dated July 7, 2011 (at p.17) rejecting his application for grant of a contract carriage permit. Intending to ply an autorickshaw on a new route - "Krishnagar Rail Station to Jatrapur Bazar via Dogachi, Jalalkhali" - the petitioner submitted an application dated September 27, 2010 under s. 80 of the Motor Vehicles Act, 1988. By the impugned decision the RTA has rejected his application saying as follows: "Too long route. Double journey. Heard, considered and not allowed."
(2.) MR Khan appearing for the petitioner submits that delay in approaching the Writ Court is for the reason that the decision was never served on the petitioner who has downloaded it from the website of the RTA. He has said that since the Appellate Tribunal is not available, the petitioner has approached the Writ Court. Relying on a decision of this Court dated February 3, 2012 in WP No.2101(W) of 2012 (Lakshan Das v. The State of West Bengal & Ors.) he has submitted that citing length of the route and number of journey the RTA could not reject the application.
(3.) MR Sen appearing for the State has considered the Single Bench decision and found little to say in justification of the grounds citing which the application has been rejected. He has, however, said that the documents produced with the WP will show that the impugned order was served on the petitioner.;


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