JAYANTA KUMAR BISWAS,J. - (1.) THE Court: The petitioner in this WP under art.226 is alleging that the office of the Regional Transport Authority, North 24-Parganas has refused to receive his application for grant of a stage carriage permit. Apart from a statement in the WP there is nothing to show that the office of the RTA has actually refused to receive any application the petitioner wanted to file.
(2.) MR. Deb Roy appearing for the RTA submits that the allegation is incorrect, and that the appropriate department of the Government has already issued a circular directing all concerned to receive all applications for grant of permits. I do not find any reason to exercise power under art.226 for ascertaining whether anyone in the office of the RTA has actually refused to receive the petitioner's application; for the question can be decided only by taking down evidence, especially because of the case of the RTA. An order directing the RTA to receive the petitioner's application cannot be made mechanically. Such an order, if made, will amount to accepting the petitioner's allegation without ascertaining the truth and will generate WPs of similar nature. Power under art.226 is not to be exercised for inviting WPs seeking similar mechanical orders, but for deciding a lis. For these reasons, the WP is dismissed. Nothing herein shall prevent the petitioner from submitting his application for grant of permit. No costs. Certified xerox.;