JUDGEMENT
S.P.Talukdar, J. -
(1.) Common points of facts and law being involved in
the eight cases as mentioned earlier, by consent of learned Counsel for the
parties all those were heard at a time. The same are governed by this judgment
(2.) In M A T No. 1961 of 2005, respondent, Sri Kalyan Chakrabarty, as
petitioner, filed an application under Article 226 of the Constitution and the
grievances, as ventilated in the said application, may briefly be stated as follows:
He made an application on 14th January, 2000 for grant of permanent
offer letter in connection with Auto-Rickshaw permit in respect of the
route from Chinsurah C.O.M.H. Office to Farm Gate. The said application
was rejected without assigning any reason though the present appellants
were required to dispose of the application in accordance with law and
after giving him an opportunity of hearing. The petitioner then approached
this Court by filing an application under Article 226 of the Constitution
which was disposed of by order dated 5th June, 2000 by issuing a direction
upon the Regional Transport Authority to consider the application on
merit within twelve weeks from the date of communication of the order.
Petitioner approached the authority concerned but by letter dated
25.08.2000, the Secretary, Regional Transport Authority, Hooghly
informed that his application was rejected. This Court was approached
again and by order dated 27.11.2000, this Court while rejecting purported
letter dated 25.08.2000 directed the authority to reconsider the
application. The petitioner was then heard by the Secretary, Regional
Transport Authority, Hooghly who by letter dated 27.03.2001
communicated that the application for grant of permit was again rejected.
Petitioner was, however, given a copy of the chart of the routes and was
given the choice of selecting one from the same. The order dated
27.03.2001 passed by the Secretary, was, thereafter, rejected by learned
Single Bench of this Hon'ble Court by order dated 03.09.2001. The
petitioner approached the authority concerned again and he was heard.
The Secretary, Regional Transport Authority, Hooghly vide Memo No.
3052 (7)/ MV, communicated the resolution dated 05.10.2001 and, in fact,
the authority stuck to its earlier stand thereby, while rejecting his
application for grant of permit, gave option for choosing any other
prescribed route.
(3.) The petitioner was, thus, left with no choice but to approach this
Court again with an application under Article 226 of the Constitution and by
the impugned judgment dated 11.04.2005, the learned Single Bench of this
Court while disposing of the writ application being W.P.No. 19248 (W) of
2001 directed the authority concerned to issue permanent contract carriage
permit within a specified period.;
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