SANDEEP DHANUKA Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-2-370
HIGH COURT OF CALCUTTA
Decided on February 15,2012

Sandeep Dhanuka Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) Let affidavit of service be kept on record.
(2.) This writ application is directed against a resolution dated November 9, 2011 adopted in the meeting of the respondent no. 2 granting a stage carriage permit in his favour subject to the condition that one permit would be granted either to the husband or to the wife as would be preferred by them.
(3.) The petitioner submitted an application dated May 3, 2011 before the respondent no. 2 for granting a stage carriage permit in his favour to ply his vehicle (bus) on the inter-state route from Siliguri to Gangtok. The wife of the petitioner, namely Smt. Chanda Dhanuka also submitted an application before the respondent no. 2 for granting a stage carriage permit in her favour for plying her vehicle (bus) on the same route. The aforesaid applications were taken up for consideration by the respondent no. 2 in its meeting dated November 9, 2011. By virtue of the impugned resolution the respondent no. 2 decided to grant one permit either to the husband or to the wife as would be preferred by them. For proper adjudication of the issue involved in this case the impugned resolution is quoted below:- "The applicants remained present along with their Ld. Advocate, Shakti Pada Jana. In compliance of the orders of Hon'ble High Court, Calcutta (as shown in the left column) STA decided to grant permit to the petitioners, Dilip Das and P.K.Shreshtha. Other two applicants Chanda Dhanuka and Sandip Dhanuka are husband and wife by relation. It was decided by STA that one permit would be granted either to the husband or to the wife as would be preferred by them. The applicants agreed to these proposals and they were requested to submit their preference at the earliest, preferably within 10 days. It was further decided that the grantees would have to place BS-III compliant bus registered in their own names and the permits would be transferable.";


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