DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against the granting of stage carriage permits in favour of the respondent no. 4 on inter-state route from Gama to Kolkata via Giridi.
(2.) According to the petitioner, a draft notification no. 4005-WT dated September 4, 2002 was published in the official gazette for declaration of a new route from Gama to Kolkata via Giridi covering distance of 240 kilometers in the State of West Bengal and a distance of 165 kilometers in the State of Jharkhand. But at the time of publishing the final notification, the route in question was mentioned as Gomo to Kolkata via Giridi covering the same distance in two States. According to the petitioner, the location of the area Gomo is on the right side of the area Giridi while the location on Gama is on the left-hand side of the area Giridi. Therefore, it was an attempt on the part of the respondent authority in interfering with the right of the petitioner to ply his vehicle on an inter-state route notified in accordance with the provisions of the Motor Vehicles Act, 1988 in gross violation of the provisions of the above Act.
(3.) At the very outset a preliminary objection is raised by the learned counsel appearing on behalf of the respondent no. 4. According to the learned counsel this Court has no territorial jurisdiction to take up this matter because all the stage carriage permits under reference were issued by the State Transport Authority of Jharkhand. According to him, an existing operator of a particular route has no legally enforceable right in his favour to challenge the action of the respondent authority in issuing the stage carriage permits to others on the same route. He relied upon the decisions of Sanjit Chakraborty v. State of West Bengal and Ors. reported in AIR 2007 Calcutta, 252 and State of Manipur v. Token Singh reported in (2007) 5 SCC 65 .;