DEBASISH KAR GUPTA,J. - (1.) Let affidavits-of-service be kept on record.
(2.) This writ application is directed against a resolution dated August 11, 2011 adopted in the meeting of the respondent No. 2 dealing with the application of the petitioner dated October 4, 2010 for granting contract carriage permit to enable the petitioner to ply his vehicle (Auto Rickshaw) from Simurali Station to Chowgacha, District-Nadia. The reason for keeping the above application of the petitioner is quoted below: "Decision: Seen the order passed by Hon'ble Justice Mr. Aniruddha Bose, J., Calcutta High Court dated 07.07.2011, which is as follows - "The petitioners are existing operators of auto rickshaws in the route between Bhairab Chandrapur and Gopalpur. Their grievance is over issue of fresh permits for contract carriage in respect of auto rickshaw in the same route to new operators in the absence of proper facilities for auto stand. Under the existing provision of law, in a route which is not notified, it is not permissible to prevent issue of permits to rival operators on the complaint of existing operators. Under the Motor Vehicles Rules, however, particularly Rule 182 of West Bengal Motor Vehicles Rules, 1989, there is provision for imposing restriction on the number of Auto Rickshaws in a particular stand or over use of a particular location as auto rickshaw stand. That issue has to be determined at the administrative level and it is for the Writ Court to mandate in what way the District Administration shall regulate traffic. In these circumstances, I am of the opinion that the District Magistrate, Nadia should take appropriate decision on how to regulate traffic and prevent congestion at the location specified in this route and he shall be at liberty to exercise his power under Rule 182 of the 1989 Rules if he considers any regulation is necessary to maintain smooth flow of traffic. In compliance with the above noted direction of Hon'ble High Court, after careful consideration, it is unanimously decided that for the purpose of regulating traffic and preventing congestion at different locations in different routes within the district, intensive ground level survey of different routes with the help of GPS instrument will be done within three/four months positively. Heard the applicants who are present today and it is decided that 1) work of route survey will start immediately and after route survey is completed within three/four months, they will be given opportunity of being heard for issuing final decision. Now their applications are being kept pending for the time being. 2) The applications will be considered serially (after survey is over). 3) All the applications received till date will be considered on first come first serve basis (DCR No. and date will be taken into consideration for this purpose). 4) the applicants who are absent today, will be given opportunity of being heard for the second time against their present applications and their applications stand disposed of."
(3.) Having herd the learned Counsel for the respective parties as also after considering the impugned resolution, I find that the above application of the petitioner was kept pending to enable the District Magistrate of Nadia to take a decision in accordance with the provisions of Rule 182 of the West Bengal Motor Vehicles Rules, 1989 in respect of terminus and halting places on the route in question.;