SHAMSUL HAQUE Vs. STATE OF W. B.
LAWS(CAL)-2012-2-74
HIGH COURT OF CALCUTTA
Decided on February 10,2012

SHAMSUL HAQUE Appellant
VERSUS
State Of W. B. Respondents

JUDGEMENT

Debasish Kar Gupta, J. - (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.
(2.) 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.
(3.) 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.;


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