JUDGEMENT
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(1.) The petitioner in this WP under art.226 dated February 21, 2012 is
seeking the following principal relief:
a) A writ of or in the nature of mandamus commanding the respondents, its
servants, agents, associates to allow the petitioner immediately to place BS-IV compliant
vehicle against the offer letter as contained in Annexure P/1 hereto thereby extending the
validity of the same and/or by issuing afresh in favour of the petitioner;
(2.) The petitioner applied to the Regional Transport Authority, Kolkata Region for
grant of a permanent stage carriage permit. In a meeting it held on August 10, 2011 the
RTA decided to grant the petitioner a permit. Consequently, it issued an offer letter dated
August 12, 2011 (at p.14). The permit was for a BS-IV complaint vehicle.
(3.) In the second paragraph of the offer letter dated August 12, 2011 the following was
stated:
If you are willing to obtain permit, you may communicate your acceptance of the
Offer Letter within 90(Ninety) days from the date of issue along with Engine Number and
Chassis Number of the proposed vehicles in From-21 failing which, this sanction shall
automatically be deemed to be revoked as per Rule-141 of the W.B.M.V. Rules, 1989,
unless to proper documents showing the reasonable grounds for delay is submitted to the
satisfaction RTA as per notification No.6630-T dt. 22.12.2004. ;
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