PARIMAL MONDAL Vs. STATE AND ORS.
LAWS(CAL)-2012-1-301
HIGH COURT OF CALCUTTA
Decided on January 06,2012

PARIMAL MONDAL Appellant
VERSUS
State And Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA, J. - (1.) This writ application is directed against a resolution dated May 16, 2011 adopted in the meeting of the respondent no.2 rejecting the application of the petitioner dated May 2, 2011 for granting Stage Carriage Permit in his favour for plying his vehicle (Bus) on the route from Radhanagarghat to Berhampore, District Murshidabad.
(2.) I have heard the learned Counsel appearing for the respective parties and I have considered the fact and circumstances of this case. The above application was rejected on three following grounds: "i) Application is incomplete as no proposed time table is annexed. ii) No garage address is furnished as required under Rule 193 of W.B.M.V. Rules, 1989. iii) There are sufficient nos. of buses are plying on that particular route as such there is no need for additional bus at present."
(3.) The first two grounds are sustainable in law because those conditions are to be fulfilled after taking the decision for granting stage carriage permit in favour of the petitioner. The third ground cannot be sustained in law also in view of the fact that no material is produced before this Court to show that any notification is issued either by the Central Government or by the State Government in exercise of power conferred under Clause (a) of sub-section (iii) of Section 71 of the Motor Vehicles Act, 1988.;


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