JUDGEMENT
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(1.) The petitioner in the present writ petition applied for stage carriage permit
in the route between Bishnupur and Tata via Taldanga, Khatra, Bandwan,
Katting and Barabazar etc. The original application in this regard was made
on 21.11.1997. In fact, two applications were made one for temporary and one
for permanent permit. At that point of time there was no inter-State reciprocal
transport agreement in operation between the STA, West Bengal and the State
Transport Authority, Jharkhand. Subsequently, in 1988 the petitioner sent a
representation to the State Transport Authority, West Bengal for considering
grant of stage carriage permit in this route and it appears that another
representation was made by the petitioner to the same authority on 19.3.2004
which were endorsed by various public bodies and several people's
representatives in the area to be covered by the route proposed. Some people of
that area also have made a similar representation around that time. The
petitioner's prayer for permanent permit on that route however was rejected
by the State Transport Authority, West Bengal by a resolution dated 27.7.2000
on the ground that the route was not approved in the final agreement.
(2.) Challenging this resolution the petitioner approached this Court by filing
a writ petition being W.P. No. 2553 of 2001, Gopal Chandra Ghosh vs. State of
West Bengal & Ors. This writ application was disposed of by this Court with
the following observation :
"In that view of the matter, I direct the State Transport Authority, West
Bengal to verify the demand in the said route and if it is found to be genuine,
it must contact the Jharkhand Authority and by discussion must arrive at a
settlement on this issue so that an agreement is entered into in this regard.
In case, such agreements is entered into, the writ petitioner will be entitled
to apply afresh."
(3.) Subsequently, a draft agreement between the State of West Bengal and
Jharkhand was issued on 4.9.2002 in pursuance of section 88(5) of the Motor
Vehicles Act, 1988. In the agreement contained against serial number 109, one
of the route envisaged was between Bishnupur and Tata via Taldanga, Khatra,
Bandwan, Ratting and Barabazar. The total distance between Bishnupur and
Tata through this route is 166 Kilometers.;
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