SOUMITRA PAL, J. - (1.) IN the writ petition, the petitioner has challenged the resolution being Agenda No. 12 dated 3rd December, 2013 adopted by the State Transport Authority, West Bengal deciding to grant permit in respect of the route from Duttapukur to Santragachi via Jessore Road, E.M Bye Pass, Science City, Park Circus, A.J.C. Bose Road, Rabindra Sadan, Vidyasagar Setu to the private respondents as it was passed without following the scheme as published in the notification dated 11th February, 2005 under section 100 (2) of the Motor Vehicles Act, 1988.
(2.) MR . Debabrata Saha Roy, learned advocate for the petitioner submitted that as under the scheme in the notification dated 11th February, 2005, other than the State Transport Undertakings mentioned therein, in public interest the area/route as specified in the schedule is closed to all other passenger transport service except stage carriage permit holders covering at least four regions and using Vidyasagar Setu and as the impugned resolution covers three regions and not four, it may be set aside. In this regard reliance has been placed on the notification dated 23rd April, 1992 issued by the State of West Bengal. Mr. Amal Kumar Sen, learned advocate appearing for the State submitted that as the resolution covers four and not three regions, the issue is covered by the order passed on 11th October, 2012 in W.P 1390 of 2010 (Biswajit Bera versus State of West Bengal and others). Submission was the notification dated 23rd April, 1992, relied on by the petitioner, is not applicable as it was issued in the interest of smooth running of Motor Vehicle Administration.
(3.) LEARNED advocates for the parties have relied on judgments which shall be dealt with appropriately.;