DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against a resolution dated September 22, 2009 adopted in the meeting of the respondent no.2 in respect of the applications of the petitioners for granting contract carriage permit in their favour to ply their vehicles in KMDA areas in the district of Howrah. For proper adjudication of this matter, the impugned resolution is quoted below : "Resolution : Snehendu Jains and Ors. filed a writ petition being W.P. No. 10154(W) of 2009, challenging the Resolution dated 18-9-2008, before the Hon'ble High Court, Calcutta. RTA finds that in the meeting dated 18-9- 2008 the following resolution had been taken:- 1. It is decided that all applicant will apply for new auto-rickshaws Permits in the proper forms. 2. Auto Rickshaw permit will be allowed after creation of new Routes outside of KMDA area, as per Government notification dated 2-6/08/2004. NO new permit will be allowed within KMA. 3. Route will be created after recommendation by the Karmadhyay, Karya-purto-O-Paribahan S.S.H.Z.P. 4. No registration will be allowed for two stroke engine, only four strokes CNG/LPG Auto rickshaws will be allowed as per order of the Hon'ble Division Bench, Calcutta. Hon'ble Justice High Court, Calcutta directed to consider the grant of new auto rickshaw permits in the routes after submitting individual applications for new auto rickshaw permits in proper forms but the representation dated 08-09-2008 cannot be taken into consideration. RTA finds that as per office records no new application for granting permit for new route was submitted at M.V. Deppt. Accordingly, RTA does take any decision for grant of new auto rickshaw permit."
(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the above resolution, I find that Clause (iii) prescribed recommendation from Karmadhyay, Karya, Purto-O-Paribahan S.S. H.Z.P. Section 80 of the Motor Vehicles Act, 1988 prescribes consideration of the application for granting stage carriage or contract carriage permits in a particular way. There is no provision for obtaining recommendation from any one. Therefore, steps must be taken in accordance with the above provisions, other procedures are formative.
(3.) In view of the above, Clause (iii) of the above resolution is quashed and set aside.;