JHIKIRA HOWRAH BUS SYNDICATE & ORS. Vs. REGIONAL TRANSPORT AUTHORITY, HOWRAH & ORS.
LAWS(CAL)-1996-2-40
HIGH COURT OF CALCUTTA
Decided on February 16,1996

Jhikira Howrah Bus Syndicate And Ors. Appellant
VERSUS
Regional Transport Authority, Howrah And Ors. Respondents

JUDGEMENT

S.B. Sinha, J. - (1.) All these writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. The fact of the matter may be noticed from C.O. No. 12360 (W) of 1995.
(2.) The said writ applications were filed by 13 petitioners out of which the petitioner no. 1 is an Association and the petitioner No. 2 is the Secretary thereof. The writ petitioners have, inter alia, questioned a resolution as communicated by a letter dated 28 -6 -95 in respect of fixing the fleet strength and fixing the age of vehicle irrespective of grant of permit in L -service as also a direction upon the respondent not to grant the permit in the route Zhikira to Howrah and back (L -service), pursuant thereto, as also a declaration the Zilla Parishad has no authority/jurisdiction to adopt any resolution or grant of permit or increase in the strength of the fleet under the Motor Vehicles Act, 1988 and any resolution passed by the said authority on the basis thereof should be declared ultra -vires.
(3.) By an order dated 11 -8 -95 this court directed that the matter may be disposed of in view of the pure question of law involved in this application.;


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