- (1.) This writ application is directed against a resolution no.3 dated July 11, 2011 adopted in the meeting of the respondent no.2 rejecting the application of the petitioner for granting a Stage Carriage Permit in his favour for plying his vehicle on Bus route no.61 from Alampur to Howrah Station, District Howrah. The fact of the case in a nutshell are quoted below: The fleet strength of route no.61 from Alampur to Howrah Station and back via Bakultala (hereinafter referred to as the said route), District Howrah was fixed 30 by the Government of West Bengal, Transport Department. By virtue of a notification no.2129-WT/8S-50/2000 Pt.III, dated May 7, 2003 published in the Kolkata Gazette Extraordinary dated May 20, 2003. The Government of West Bengal Transport Department. The petitioner came to know that these vacancies in respect of the said route were in existence. He submitted an application dated June 22, 2009 before the respondent no.2 for granting Permanent Stage Carriage Permit in his favour in respect of the said route. But the requisite fees in connection with the above application of the petitioner was not accepted by the respondent no.2.
(2.) The petitioner filed an application under Article 226 of the Constitution of India in the matter of Sk. Ali Haque vs. State of West Bengal & Ors., (in re W.P. no.19731(W) of 2010) and the above writ application was disposed of on October 6, 2010 with a direction upon the respondent no.2 to accept the application of the petitioner along with requisite fees and take a decision on the application of the petitioner for operating his vehicle on the said route in accordance with law within two months from the date of communication of the order after giving an opportunity of hearing to him.
(3.) The petitioner received a communication under Memo no.3314-MV dated October 28, 2010 from the respondent no.3 requesting him to deposit the requisite fees in respect of his above application for granting Stage Carriage Permit. The petitioner deposited the requisite fees in respect of his aforesaid application for granting State Carriage Permit on the said route on October 29, 2010. By a notice dated November 11, 2010, the petitioner was asked to appear before the respondent no.2 on November 19, 2010 for attending a hearing. On November 19, 2010, the respondent no.2 adopted the following resolution in respect of the above application of the petitioner are quoted below: "W.P. no.19731(W) of 2010 (Sk. Ali Haque Vs. State of West Bengal & ors.) In W. P. no.19731 (W) of 2010 (Sk. Ali Haque Vs. State of West Bengal & Ors. ) Hon'ble Justice Indira Banerjee, High Court Calcutta directed RTA to accept the requisite fees against the application dated 22.06.2009 and also directed to take decision on the application of the petitioner for the route no.61 (Alampur to Howrah Stn.) in accordance with law. Accordingly, petitioner deposited fees on 29-10-2010. RTA asked the applicant to appear before RTA Board for hearing. On behalf of the petitioner Ld. Advocate Soumen Bhattacharjee appears. RTA finds that the petitioner submitted application not in proper ""application from" and fees. Accordingly no decision was taken by the RTA previously. RTA also finds that there is no vacancy on the route no 61 (Alampur to Howrah Stn.) at present. After careful consideration, RTA decides not to issue permit in favour of the applicant. "W.P. no.19732(W) of 2010 (Sk. Shamsul Haque Vs- State of West Bengal & Ors.) In W.P. no.19732(W) of 2010 (Sk. Shamsul Haque Vs. State of West Bengal & Ors.) Hon'ble Justice Indira Banerjee, High Court Calcutta directed RTA to accept the requisite fees against the application dated 22-6-2009 and also directed to take decision on the application of the petitioner for the route no.61 (Alampur to Howrah Stn.) in accordance with law. Accordingly, petitioner deposited fees on 29-10-2010. RTA asked the applicant to appear before RTA Board for hearing. On behalf of the petitioner Ld. Advocate Soumen Bhattacharjee appears. RTA finds that the petitioner submitted application no0t in proper "application from" and fees. Accordingly no decision was taken by the RTA previously. RTA also finds that there is no vacancy on the route no.61 (Alampur to Howrah Stn.) at present. After careful consideration, RTA decides not to issue permit in favour of the applicant." ;