JUDGEMENT
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(1.) The petitioner in this WP under art.226 dated April 18, 2012
is aggrieved by a direction given by the Additional Regional Transport Officer,
Purba Medinipur, Tamluk by his letter dated April 11, 2012 (at p.25).
Relevant parts of the letter dated April 11, 2012 are quoted below:
"In reference to the subject noted above this is to inform that you have
applied to this authority to place a lease vehicle bearing no. WB-31/3903 with
regards to Offer Letter bearing Memo No. 2025/MV Dtd. 14.2.12 although in
conditions Offer Letter it is clearly mentioned that applicant is to produce vehicle
before MVI Tech, Purba Medinipur for physical and road worthiness of the
vehicle.
In view of above, you are advised to place own vehicle within specified
period instead of Lease Vehicle to get permit.
This is for favour of your information and taking necessary action."
(2.) The petitioner applied to the Regional Transport Authority, Purba
Medinipur for grant of a permanent stage carriage permit for the route mentioned
in the application. The RTA decided to grant the permit. On the basis of the
decision the Secretary of the RTA issued the requisite offer letter dated February
14, 2012 at p.16. The petitioner produced a vehicle he leased from the registered owner thereof. Under the circumstances, the Addl. RTO wrote the letter dated
April 11, 2012.
(3.) Mr Jana appearing for the petitioner submits that the Addl. RTO
wrongfully asked the petitioner to produce a vehicle registered in his own name,
for the petitioner was entitled to produce the vehicle acquired by him under a
lease agreement.;
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