SAMAPTI CHATTERJEE, J. - (1.) THE petitioner filed the present writ petition assailing the order of refusal on the part of the transport authority to renew the permit for operating a minibus. The petitioner was originally granted permit in the year 1999 against vehicle no. WGP -1215 which was time to time renewed upto 2009. Since the said vehicle (Minibus No.WGP 1215) was 15 years old therefore on 15th October, 2009, the petitioner filed an application before the concerned authority with a prayer to allow the petitioner to replace the vehicle. The prayer was allowed and the petitioner was asked by the authority to submit Rs. 1000/ - fee for replacement. Accordingly the petitioner submitted the said amount before the authority and as a result of which on 12th December, 2009 the Secretary, Regional Transport Authority informed the petitioner that he was allowed to replace his existing vehicle no. WGP -1215. Immediately after the body of the vehicle was made ready the petitioner applied before the Registering Authority, Motor Vehicles Department, Howrah for temporary registration of the vehicle and deposited Rs. 1581/ - (Rupees one thousand five hundred and eighty one only) as temporary registration fee on 9th March 2010 and the authority concerned issued temporary certificate of registration on the same date which was valid up to 8th April, 2010. After fulfilling all the formalities as required by the authorities the authority on 26th March, 2010 registered a new vehicle as WB -19D -9603 and the said new replaced vehicle number was mentioned in the permit by the R.T.A. Kolkata Region. Since the permit of the petitioner was due to expire on 8th March, 2014, the petitioner applied for renewal of the same in the prescribed form before the concerned authority with all relevant documents in connection with the Vehicle No.WB -19D -9603 on 4th March, 2014. Curiously enough, after lapse of more than two months the Secretary, Regional Transport Authority, Kolkata Region vide letter dated 20th May, 2014 asked the petitioner to appear for a hearing within seven days along with all documents relating to the said permit. Accordingly, on 20th May, 2014 the petitioner appeared before the said authority for hearing. Since no decision of the hearing was communicated to the petitioner, the petitioner finding no alternative on 6th June, 2014 made representation before the authority. All on a sudden on 9th July, 2014 the petitioner received a letter issued by the Secretary, RTA, Kolkata vide Memo No. R.T.A./MB/1845/1 dated 1st July, 2014 intimating interalia to the petitioner that no permit was issued against the Vehicle No. WB - 19D -9603 or WGP -1215 in Route No. S -108.
(2.) HENCE the present writ petition.
(3.) MR . Murari Mohan Das, learned Advocate appearing for the petitioner vehemently contended that the impugned order dated 1st July, 2014 is illegal, arbitrary, total non -application of mind and at the same time unfair and unjust and contrary to the Articles 14, 16 21 and 19 (i) (g) of the Constitution of India. Mr. Das also contended that after fulfilling all the requirements as demanded by the concerned authority the petitioner was allowed to replace his old minibus bearing no. WGP -1215 and the new Vehicle was registered in the place of old one being no. WB -19D -9603 on 26th March, 2010 by the authority, therefore, the authority should not escape from their obligation to renew the permit of the said vehicle on some baseless ground that "no permit was issued against a vehicle No. WB -19D -9603 or WGP -1215 in Route No.S -108." Therefore, the impugned letter dated 1st July, 2014 by which the renewal of the permit of the petitioner was turned down should be quashed by this Hon'ble Court.;