TARAK NATH SAHA AND ANR. Vs. STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-1996-11-16
HIGH COURT OF CALCUTTA
Decided on November 15,1996

Tarak Nath Saha And Anr. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Samaresh Banerjea, J. - (1.)Petitioner in the instant application has challenged the resolution passed by Regional Transport Authority, Calcutta rejecting the application of the petitioner for grant of special stage carriage permit on route No. S-167 in respect of the vehicle bearing registration No. WB 19/0728, which is a 1974 model vehicle on the ground that the same is 20 years old. Such resolution has been challenged by the petitioner mainly on the ground that under the present Motor Vehicle Act of 1988 it is only the Central Government which has the power to specify the life of the Bus and the Regional Transport Authority cannot refuse to grant a permit on such a ground.
(2.)Self same point was considered by me in the case of Tapan Kumar Saha, C.O. No. 21922(W) of 1995 wherein I have already held that it is within the power of the Transport Authority to reject the application on the ground of oldness of the Bus even if the same possesses a fitness certificate for the purpose of ensuring the safety, comfort and convenience of travelling public. Points involved in the present writ petition is exactly same as involved in the said case of Tapan Kumar Saha. I therefore do not find any necessity to elaborate the reasons in the present judgment inasmuch as reasons given in the said judgment in the case of Tapan Kumar Saha are also the reasons in the present case for which in my view no wrong has been committed by the Regional Transport Authority, Calcutta in rejecting the application of the petitioner.
(3.)The learned Counsel appearing for the petitioner prayed for passing of a direction upon the Transport Authority for examining the vehicle once again after the petitioner renovate the same. No question of passing such direction arises. In the case of Tapan Kumar Saha the Regional Transport Authority rejected the vehicle which was 11 years old. Although in the said case after holding that the Regional Transport Authority does have the power to refuse permit in respect of vehicle on the ground of its oldness, I also held that such power cannot be exercised arbitrarily or mechanically and only after ascertaining whether in a particular case a vehicle because of his oldness will not be able to ensure the safety, comfort and convenience of the travelling public.
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