Bhagabati Prosad Banerjee, J. - (1.) This is an appeal against the judgment and order of learned Trial Judge allowing the writ petition application on merit.
(2.) The facts are briefly indicated as follows:- The writ petitioner/opposite parties in this appeal are holders of permanent stage carriage permits on the route Calcutta to Siliguri and vice versa (hereinafter referred to as the said route). The State Transport Authority, West Bengal, appellant, herein selected the respondents in the said route in accordance with the provisions laid down in the Motor Vehicles Act, 1939 (since repealed). The permanents permits ware Initially granted for five years and the same were renewed subsequently upto 2nd August, 1995 On the strength of the permanent permits so granted, the respondent were plying their respective vehicles in the said route as non-airconditioned Super Express Service. Each respondent, according to the terms of the offer letter, have been performing a "single trip" each day in the said route. There is no dispute that the distance of the route in question is 603 Kilometers (one side).
(3.) The respondents contended that since they were performing one trip only on a single day, from each side, practically they were plying their respective vehicles in the said route for a period of fifteen days in a month from each side or in other words every alternative day for each side. In view of the condition specified in the offer letters, the respondents could sot ply two vehicles from two terminus (Calcutta and Siliguri) on a single day on the strength of their single permit. According to the respondents there is a heavy demand or the commuters in the said route and as such the single trip by each vehicle is not adequate to mast the need of the commuters.;