A.K. Dutta, J. - (1.)Both the contending parties are represented by their respective learned Advocates, who have been, heard at length. The matter was also heard on earlier dates. Hearing is closed.
(2.)By this writ application under Article 226 of the Constitution of India the writ Petitioner Sk. Samsuddin (hereinafter referred to as Petitioner) has prayed the Court for issue of 'a writ in the nature of mandamus commanding the Respondents their men. agents, servants, associates and each one of them not to give any effect and/or further effect and/or proceed any further with the impugned Memo., being No. 455 -MV dated July 18, 1994, issued by the Secretary. Regional Transport Authority, Annexure 'E' to this petition and further directing the Respondents to issue temporary permit in favour of the Petitioner forthwith, along with the other relief 's prayed for therein, for the reasons stated and on the grounds made out therein.
(3.)It is contended by the Petitioner that he was selected as an operator by the Regional Transport Authority, Howrah, (hereinafter referred to as R.T.A.) who had issued temporary permit (Puja Special) for one month in the route Howrah Railway Station to Bogs (Midnapore) on October 28, 1987. A second temporary permit (Puja Special) was again issued in his favour by the aforesaid authority for a period of one month on November 27, 1987. Since thereafter temporary permits had been granted in favour of the Petitioner by the said R.T.A. from December 30, 1987 till October 2, 1991. But on a writ application being filed by the owner of the vehicle in question a temporary permit had thereafter been issued by the R.T.A. in his (owner's) favour under the order of the Court. On an appeal preferred by the Petitioner there against, the Appellate Court had directed the authority concerned to consider both the application for permit made by the Petitioner herein and the owner of the vehicle in question. Successive temporary permits had thereafter been granted to the Petitioner by the said R.T.A., upon due consideration, from January 16, 1992 till February 18, 1994, valid upto June 16, 1994. The Petitioner had filed an application under Sec. 80 of the Motor Vehicles Act, 1988 for Stage Carriage permit in respect of the route in question. He had eventually received a Memo., being No. 455 -M.V. dated July 18, 1994, issued by the Secretary, Regional Transport Authority, Howrah, whereby he was informed that his application for temporary permit had been rejected by the Regional Transport Authority, Howrah, for the reasons stated therein. Hence the instant writ application for the relief 's prayed for.
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