GOSTHA BEHARI HAZRA AND ORS. Vs. R.T.A. AND ORS.
LAWS(CAL)-1996-3-57
HIGH COURT OF CALCUTTA
Decided on March 06,1996

Gostha Behari Hazra And Ors. Appellant
VERSUS
R.T.A. And Ors. Respondents

JUDGEMENT

Samaresh Banerjea, J. - (1.)In the instant writ application, the writ petitioner who are some of the residents of B.L. Saha Road and its adjoining areas make a grievance that although the Mini Buses of the Route No. 133 (Haridebpur to Dumdum Park/Babughat) are not plying as per the approved alignment i.e. M.G. Road - B.L. Saha Road - Tollygune Circular Road and although this fact has been brought to the notice of the respondents time and again, the respondents have failed and neglected to take steps against such erring Mini Bus Operators.
(2.)It appears that the said Mini Bus Operators are not plying their vehicles as per the approved -alignment for quite some time and in the year 1992 when the Secretary, R.T.A. by Memo No. 1/1891 dated 13.5.92 requested the Secretary/President of the Route Committee of Haridebpur - Dumdum Park/Babugbat Mini Buses to ply their vehicles as per the approved alignment, the same was challenged by Haridebpur Mini Buses Route Committee & Ors. before this Honourable Court The said writ petition being C. O. No. 9335(W)/92 was ultimately heard by B. P. Banerjee, J. and by an order and judgment dated 8.5.95, His Lordship was pleased to dismiss the writ petition with the finding that as the Mini Bus Operators accepted the Permit in the year 1988 they were bound to ply their vehicles on the terms and conditions of their Permits and therefore, there was no reason for interference with the order passed by the R. T. A.
(3.)It is the grievance of the petitioners that even after the aforesaid judgment and order dated 8.5.95 the Mini Bus Operators of the said Route are still not plying their vehicles as per the approved alignment but in violation thereof and inspite of complaints to the respondents about the same, the respondents have failed and neglected to take any steps against such erring Mini Bus Operators. A serious allegation has also been made against the respondents by alleging that they are in league with the Mini Bus Operators.
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