NANI GOPAL DUTTA & ORS. Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1996-2-39
HIGH COURT OF CALCUTTA
Decided on February 16,1996

Nani Gopal Dutta And Ors. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

S.B. Sinha, J. - (1.)In C.C. No. 12110(W) of 1995 an application for contempt has been filed for willful disobedience of this court's order dated 18th July, 1995 and in C.O. No. 12109(W) of 1995 an application for contempt has been filed for wilful disobedience of the order passed by this court on the same date. By reason of an order dated 18th July 1995 this court directed the Regional Transport Authority to hear the objection filed by the petitioners in terms of the order passed by this Court in C.O. No. 10783(W) of 1995 and not by the Secretary within a period of 8 weeks from the date of communication of the said order.
(2.)Similar order was passed in Nani Gopal Dutta's case (supra). The said order had to be passed keeping in view the fact that despite passing of an order of this Court in earlier writ application wherein it was held that it is the Regional Transport Authority itself and not the Secretary who is competent to hear the objection. By reason of a letter dated 11th July, 1995, however, the Secretary although purporting to act on behalf of the Regional Transport Authority directed the Secretary of the Bus Owners' Association to appear before him. The said order was communicated on 18th July, 1995. By a notice dated objection and as contained in Annexure 'F', the Secretary of the Authority was requested by the petitioners to cancel the hearing.
(3.)However, despite the same, the hearing took place and the objection of the petitioners were overruled. An affidavit -in -opposition has been filed by the contemner No. 2, from a perusal whereof it appears that the matter was in fact heard by the Regional Transport Authority. It is stated that the aforementioned letter dated 11th July. 1995 contained a mistake inasmuch as the Regional Transport Authority wrongly used the words "the existing operators of Bus Nos. 81 and 85 are being directed to appear before me for hearing on 18th July. 1995: and such a mistake would be evident from the fact that the letter was addressed by the Regional Transport Authority itself.
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