JUDGEMENT
B.N.Banerjee, J. -
(1.)The petitioners are nine in number. The say that they have been running contract carriages on Bagnan-Shyampur route. On August 23, 1961, the Regional Transport Authority, Howrah, published an advertisement inviting applications for permits for light buses to ply on Bagnan-Shyampur route. According to the advertisement seven such permits were to be granted. The petitioners applied for such permits so also did others. At a meeting held on October 31, 1961, the Regional Transport Authority considered a report of an alleged screening Committee and in accordance with the said report granted one permit each to respondents Nos. 3 to 10 and refused permits to the petitioners. The petitioners challenged the legality of the selection In Civil Rule No. 1181 (W) of 1961, which Rule was disposed of by this Court, on February 9, 1962, with the "following observations;
"This Rule is disposed of on a short ground because of an important concession which Mr. Nirmal Chandra Chakraborty learned Government Pleader, in his fairness made. He conceded that after the invitation of the application for Stage Carnage permits, the provision of Section 57 (3) of the Motor Vehicles Act was not compiled with. That makes the impugned order an illegal order. I therefore, quash the impugned order and send back this matter to the Regional Transport Authority with direc- tions to him to proceed according to law from the stage prescribed under Section 57 (3) of the Motor Vehicles Act."
(2.)After the matter went back to the Regional Transport Authority, the permits for the buses were again granted to respondents Nos. 3 to 10 to the exclusion of the petitioners.
(3.)Aggrieved by the order of refusal of the permits to them, the petitioners moved this Court, under Article 226 of the Constitution, praying for a writ of certiorari for the quashing of the order of the Regional Transport Authority granting permits to respondents Nos. 3 to 10 and also for a writ of mandamus directing the respondents not to give effect to the said resolution and obtained this Rule.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.