NIMAI SEN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2012-7-79
HIGH COURT OF CALCUTTA
Decided on July 23,2012

NIMAI SEN Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) HEARD on: July 23,2012. Judgment on: July 23,2012. The Court: The petitioner in this WP under art.226 dated July 17, 2012 is alleging inaction on the part of the Registering Authority, Motor Vehicles Department, Paschim Medinipur. The allegation is that the Registering Authority has not registered the vehicle in question.
(2.) THE petitioner applied to the Regional Transport Authority, Paschim Medinipur for grant of a contract carriage permit. The RTA decided to grant a permit. On the basis of the decision offer letter was issued. Since registration of the vehicle placed within the term of the offer letter was taking time, the term of the offer letter was extended. Mr. Deb Roy appearing for the respondents has submitted as follows. The petitioner placed an unapproved vehicle. Under the circumstances, the Registering Authority sought direction from the Transport Department of the Government that is examining the question of approval of the vehicle. It needs four weeks. Term of the offer letter, if permissible, can be extended, if sought, or a fresh offer letter, if applied for before expiration of the term of the already issued offer letter, can be issued. In view of the above-noted situation, I think it will be appropriate to dispose of the WP giving suitable directions for deciding the questions of approval of the vehicle, registration thereof, and extension of term of the offer letter or issuing a fresh offer letter, as may be necessary. Hence I dispose of the WP ordering as follows.
(3.) THE State Government shall decide the question of approval of the vehicle within four weeks. Within a fortnight thereafter the Registering Authority shall decide the question of registration of the vehicle. If term of the offer letter is extendable and extension is sought before expiration of the term, the RTA shall extend the term according to law. If term is not extendable and application is filed for fresh offer letter before expiration of the term of the already issued letter, then the RTA shall issue a fresh offer letter.;


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