DEBASISH MONDAL AND ANR. Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2012-1-570
HIGH COURT OF CALCUTTA
Decided on January 27,2012

Debasish Mondal And Anr. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) Let the affidavit of service be kept on record.
(2.) This writ application is directed against the decision of the respondent authority in rejecting the application of the petitioner dated December 28, 2010 for transfer stage carriage permit no. P.ST.P 88/03(I.R.) in favour of the petitioner no. 2.
(3.) Having heard the learned counsel appearing for the respective parties as also after considering the impugned order I find that the petitioner no. 1 was directed to render his permit and the petitioner no. 2 was directed to file an application for granting stage carriage permit on the route concerned for adjudicating the issue involved in this matter. The provision of sub-section (1) of Section 82 of the Motor Vehicles Act, 1988 is quoted below : "Section - 82(1)Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, above to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit.";


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