JUDGEMENT
Jayanta Kumar Biswas, J. -
(1.) THE petitioners in this WP under art.226 dated March 12, 2012 are questioning a decision of the State Transport Authority, West Bengal (in short STA WB) dated February 15, 2012 (WP p.46). The decision dated February 15, 2012 is quoted below: -
Decision taken in the meeting dated 15.2.2012
One of the Permit Holders, Gadadhar Roy was present with Ld. Advocate, Shakti Pada Jana. They were duly heard and the reciprocal transport agreement between Jharkhand and W.B. is also examined. As per the said agreement, provision of allowing two vehicles under one permit does not exist.
Hence, STA decided not to allow two vehicles under the permit in question.
(2.) WITH a view to encouraging the movement of Transport Vehicles on interstate routes between West Bengal and Jharkhand, regulating and controlling their operation, providing facilities to travelling public and infrastructural support for the growth of industry and trade and also creating scope of employment, the State of West Bengal and the State of Jharkhand entered into a Reciprocal Transport Agreement. The Reciprocal Transport Agreement was published in the Kolkata Gazette on March 29, 2004. Clause 2(g) of the agreement is as follows: -
g) It is agreed upon between the two states that a Single pennit with 4(four) trips per day (2ups X 2 downs) may be granted where length of the route is up to 100 kms. And single permit with 2(two) trips per day (1 up X 1 down) may be granted where the length of the route is more than 100 kms. But not more than 300 kms. If the length of the route is more than 300 kms, one single permit with one trip may be granted.
(3.) ONE of the routes to which the agreement was and is applicable is Dumka -Tata. The length of the route is 290 kilometres. Under the agreement two permits were to be issued for the route - one allocated to each State.;
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