DEBASISH KAR GUPTA,J. - (1.) Let affidavit-of-service be kept on record.
(2.) This writ application is filed by the petitioner for a direction upon the Secretary to the Government of West Bengal, Transport Department, to take a decision in accordance with law in the matter of his representation dated January 2, 2012 for refunding a sum of Rs. 3 lakh lying with the respondent No. 3 together with Insurance Premium paid in second year for operation of vehicle bearing Registrar No. WB-39A/3379 on the route from Benachity to Tarakeswar as franchisee of the respondent No. 3.
(3.) Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that plying of a vehicle on the strength of a stage carriage permit after engaging a franchisee is not permissible as already been decided by this Court by an order dated September 20, 2011 in the matter of Manik Lal Maji v. Union of India and Ors. {In Re: W.P. No. 16863 (W) of 2009}.;