SERAMPORE BANDEL BUS ASSOCIATION ROUTE NO. 2 Vs. SERAMPORE BANDEL BUS ASSOCIATION ROUTE NO. 3
HIGH COURT OF CALCUTTA
Serampore Bandel Bus Association Route No. 2
Serampore Bandel Bus Association Route No. 3
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A.K. Sen, J. -
(1.)This is an appeal under Clause 15 of the Letters Patent, it is directed against the judgment and order dated May 12, 1375, passed by Banerjee J. in C.R. 18724(W) of 1975. By that order the learned judge made absolute a Rule which was earlier obtained by the Respondents Nos. 1 and 2 on a writ petition disputing therein the validity of a resolution of the Regional Transport Authority, Hooghly, dated July 30, 1975 It will be necessary to refer to certain facts in the background to appreciate the dispute between the parties There, exists a stage carriage route from Bandel to Serampore numbered as Route No. 2 Forty stage carriages are plying on the said route and the present Appellant is the Association of the permit -holders on that route In the year 1973, the Regional Transport Authority, Hooghly, proposed to shift the Serampore terminus of the aforesaid Route No. 2 from Serampore to Mahesh at a distance of about two miles from its original destination It is not in dispute that when so Shifted it would overlap a part of another stage carriage route, viz Route No. 3 The said Route No. 3, as it stands at present, runs from Shyambazar to Serampore via Vivekananda Setu The Respondent No. 1 is the Association of the permit -holders plying their stage carriages on Route No. 3 and the Respondent No. 3 is one of such permit -holders on that route An objection having been raised to the aforesaid proposal or shifting the terminus of J. Route No. 2 from Serempore to Mahesh that was overruled and the terminus was shifted to Mahesh as a result whereof Route No. 2 got an extension of resolution dated March 12, 1973 of the R.T.A. Hooghly, which is the subject -matter of challenge in a Rule now pending in this Court, namely, C.R. No. 1382(W) of 1973.
(2.)About two years thereafter the R T A, on March 19, 1975, adopted a resolution to the following effect:.
Considered the proposal for shifting of terminal point of existing bus route.... Bandel to Mahesh from Mahesh to Bag Khal.
Resolved that the proposal be accepted since there is pressing public demand from the travelling public made in the shape of mass representation and the operators in Route No. 2 are pressing for shifting of their terminal point from Mahesh to Bag Khal for their facilities of parking of buses etc Secretary, R.T.A. be requested to invite representations, if any, under Sec. 47 of the M.V. Act by way of publication in the newspapers.
(3.)It is not in dispute and that has also been admitted by the, Appellant that the aforesaid decision was taken by the R.T.A. acting on two sets of representations one was by members of the public who in clear terms wanted an extension of Route No. 2 from Mahesh to Bag Khal, a distance of about 3 miles - -admittedly, however, beyond the municipal limits of Serampore and the other by the permit -holders of Route No. 2 made through their Association, the Appellant before us The permit -holders wanted that their existing terminal at Mahesh should be shifted to Bag Khal for various facilities of service made in their representation It is on these representations that the R.T.A. moved and adopted the aforesaid resolution and invited representations under Sec. 47 of the Act.
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