CHANDRA SEKHAR ROY & ORS. Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1996-3-56
HIGH COURT OF CALCUTTA
Decided on March 27,1996

Chandra Sekhar Roy And Ors. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Samaresh Banerjea, J. - (1.)The petitioners are registered owners of Trekkers having seating capacity of 10 passengers each and they are plying the said Trekkers under Temporary Permits. The petitioners pray for issue of a writ in the nature of Mandamus commanding the respondent Nos. 4 and 5 to give effect to the Resolution adopted by the S.T.A. regarding exemption of paying Additional Tax on the 10-Seater vehicle in all the Districts of West Bengal.
(2.)It is the case of the petitioners that although such Trekkers of the petitioners are registered as Contract Carriages under the direction of the R.T. A., Midnapore, such Trekkers by the petitioners as also other Trekkers in the District are being plied for carrying passengers on a Time-Table approved by..the R.T.A. It is the contention of the petitioners that the fact that such Trekkers registered as Contract Carriage are being plied under the direction of R.T.A., approved Time-Table will prove that the same are being plied as Stage Carriage. That apart, Temporary Permits which are being issued successively to the petitioners do not also indicate that the same have been issued for plying the vehicle as a Contract Carriage.
(3.)It is the further contention of the petitioners that the S.T.A., West Bengal by a resolution taken in its Meeting held on Dec. 15, 1993, has decided that Trekker Service in the District of Hooghly is respect of the routes in question mentioned therein would be treated as Stage Carriage, as a result whereof the Trekkers which are plying in the District of Hooghly are exempted from payment of the Additional Tax. It is the grievance of the petitioners that the same facility is not being extended to the petitioners, as a result whereof although they are plying the vehicles as a Stage Carriage under approved Time-Table, they are not exempted from payment of Additional Tax.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.