JOYMALYA BAGCHI, J. - (1.) THE impugned decision dated 21st September, 2012 passed by the respondent no. 2, the Regional Transport Authority, Nadia, declining grant of permanent contract carriage permit for plying an Auto Rickshaw (L.P.G.) on the route Chakdaha to Madhanpur via Palpara, Sardnaga, Simurali Station, Bhagirathi Silpasram, Jangalgram, Marfodanga has been assailed. By the impugned decision the permit was rejected with the following observation: ''Heard the applicant. After taken into consideration the road condition, conjestion of road traffic and safety and security of the passengers travelling in such 3 -wheeled Auto -Rickshaw within the ambit and scope of the Motor Vehicles Act and rules framed thereunder, his application is not granted. (See notification no. 268 -WT/3M -01/2010 Pt. dated 29.01.2010). ''
(2.) LEARNED Counsel appearing on behalf of the petitioner submits that the order is a non -speaking one and does not disclose either to the factual foundation or the reasons in support thereof. He further submits that in respect of the same route other operators were granted permits. Mr. Arabinda Chatterjee, learned Senior Counsel, appearing on behalf of the respondent authority, submits that there is reference to 'road condition ', 'congestion of road traffic ' and 'safety and security of the passengers ' in the impugned decision and hence it cannot be said to be an unreasoned one. He further disputes the fact that in the selfsame meeting other operators were given permits in respect of the same/similar routes.
(3.) I have considered the rival submissions of the parties and the materials on record. It is true that in the impugned decision reference to 'road condition ', 'congestion of road traffic ' and 'safety and security of the passengers ' have been recorded. It is, in fact, a mechanical chanting of the factors stated in Clause (6) of Notification No. 268 -WT/3M -01/2010 Pt. dated 29th January, 2010. Clause (6) of the aforesaid Notification reads as follows: ''6. Grant of 3 -wheeled auto -rickshaw permit within a particular district only may, however, be considered by the concerned RTA of the district after taking into consideration the road condition, congestion of road traffic and safety and security of the passengers travelling in such 3 -Wheeled Auto Rickshaw as aforesaid, within the ambit and scope of the Motor Vehicles Act, 1988 and rules framed thereunder. The Government in the Transport Department shall only be competent to grant any relaxation in the matter. This order shall take immediate effect. '' ;