ZULFIKER ALI SEIKH Vs. THE STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2012-1-328
HIGH COURT OF CALCUTTA
Decided on January 10,2012

Zulfiker Ali Seikh Appellant
VERSUS
The State Of West Bengal And Others Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against an order dated October 19, 2011 passed by the respondent-authority in the matter of granting new stage carriage permit to the petitioner on the route from Pathar Pratima to New Town. The petitioner submitted the above application to the respondent no.2 on March 24, 2011. Since there was delay in considering the above application, the petitioner filed an application under Article 226 of the Constitution of India in the matter of Zulfiker Ali Sheikh v. The State of West Bengal and Ors. ( In Re : WP No. 512 of 2011) .
(2.) The above writ application was disposed of on June 15, 2011 with a direction upon the State Transport Authority, West Bengal, to consider the application of the petitioner in accordance with law. Thereafter, the petitioner received the impugned communication from the Deputy Secretary, State Transport Authority, West Bengal. By virtue of the impugned notification, the petitioner was directed to furnish the following informations: "Check Memo. For consideration of New Stage Carriage Permit in both I/R and I/S categories : 1) Whether or any member of your member family is registered owner of any vehicle/vehicles ? If yes, give details. 2) Whether you or your family members possess any stage carriage permit/permits ? If yes, give details permitwise. 3) (a) Whether any stage carriage permit held by you or your family members has lapsed/cancelled ? If yes, give details with reasons. 4) (b) Whether the vehicle covered under the permit held by you or your family members or the same is a lapsed one ? Give details of the vehicles with emission norm. 5) If you or your family members purchased/booked any new bus for permit applied for ? If yes, give details. 6) Any other information as the applicant may like to provide."
(3.) Having heard the learned Counsels appearing for the respective parties as also considering the facts and circumstances of this case, I find that in accordance with the provisions of section 80, the application of the petitioner is required to be considered. There is no provision either in the Motor Vehicles Act, 1988 or in the West Bengal Motor Vehicles Rules, 1989 to ask the petitioner to furnish the above informations.;


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