Decided on July 21,1992

Ramesh Chandra Sarkar Appellant


Haridas Das, J. - (1.)With the prior approval of the State Transport Authority, West Bengal, the Regional Transport Authority, Nadia, granted a temporary Stage Carriage Permit in favour of the petitioner against his vehicle No. WGE 1459 in respect of the route Krishnagar to Farakka via Raghunathgunj. Berhampore (Murshidabad), N.H. 34 (Express Service) for the period from May 1, 1992 to Aug. 27, 1992. A time table duly approved by the R.T.A. Nadia was also given to the petitioner along with the permit and the petitioner had been plying his vehicle according to such permit and time table (Annexures 'A" & 'B ). As it was reported to the R.T.A. Nadia that some transport operators and/or their agent were creating obstruction to the plying of the vehicle by the petitioner on the portion of the route falling within Murshidabad, the R.T.A. Nadia by a letter dated June 17, 1992 requested the R.T.A. Murshidabad to take appropriate steps so that the petitioner could ply his vehicle on the route smoothly. On June 25, 1992 the Motor Vehicles Inspectors of Murshidabad being the respondent Nos. 4 and 5 seized the vehicle and other papers of the petitioner at Berhampore on the allegation that the petitioner was plying his vehicle in violation of the condition the permit. The petitioner contends that the allegations made for seizure of the vehicle and other papers were not correct and that he was plying the vehicle according to the permit and time table granted. The petitioner accordingly prayed for a direction upon the respondents to release the vehicle and other papers seized and also to allow him to ply the vehicle on the route in question in accordance with the time table already granted by the R.T.A. Nadia.
(2.)Pursuant to an interim order passed by this Court on July 10, 1992 the vehicle of the petitioner was released. It is, however, submitted by Mr. Maitra that other papers including the Blue Book have not yet been released by the authority concerned.
(3.)In an affidavit-in-opposition, the R.T.A. Murshidabadco tended that it did not approve the time table issued by the R.T.A. Nadu and that it prepared a fresh time table for the plying of the vehicle of the petitioner, since the time table as given to the petitioner by the table already granted. Mr. K. K. Moitra and S. K. Haidar Mr. M. C. Das and Nazrul Khan R.T.A. Nadia was causing loss to the other transport operators, operating within the region of Murshidabad. The vehicle of the petitioner was seized since the petitioner violated the terms of the permit in that the petitioner did not stop his vehicle at Berhampore Bus Depot and that the petitioner was plying his vehicle on the basis of a time table which was not approved by the R.T A Murshidabad.

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