Prabir Kumar Samanta, J. - (1.) All these six writ petitions have been referred to the Division Bench for an answer to a common question involved therein that which one of two authorities namely the Regional Transport Authority, 24-Parganas (N) and the Regional Transport Authority Calcutta is the appropriate authority for the purpose of granting permit for Route No.201 between Karunamoyee and Tantkal.
(2.) Such question has arisen because the said Route No.201 covers a distance of 21.5 kms. between Karunamoyee and Tantkal, and of which distance of 6 kms. from to Karunamoyee to Ultadanga Railway Station falls within the Salt Lake Police Station which is under geographical region of revenue District of 24-Parganas (N) and the next 6 kms. from Ultadanga Railway Station to Sinthir More are situated within the jurisdiction of different police stations of Calcutta and the balance 9.5 kms. from Sinthir More to Tantkal fall again within the geographical region of the revenue District of 24-Parganas (N).
(3.) Section 69 of the Motor Vehicles Act provides as under: - 69. General provision as to applications for permits.- (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles: Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to kept the vehicle or vehicles: Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal places of business. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall be made to the State Transport Authority of the region in which the applicant resides or has his principal place of business.;