STATE OF WEST BENGAL AND ORS. Vs. NIMAI BISWAS AND ORS.
LAWS(CAL)-1996-3-65
HIGH COURT OF CALCUTTA
Decided on March 14,1996

State of West Bengal and Ors. Appellant
VERSUS
Nimai Biswas And Ors. Respondents


Referred Judgements :-

SILIGURI INTER-DISTRICT MINIBUS OWNERS' ASSOCIATION AND ORS. V. BIJON KRISHNA BHOWMICK [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal from an interim order by which the learned Single Judge had restrained the respondents from giving effect to a resolution whereby the Regional Transport Authority, Malda had taken a decision to levy additional taxes including taxes with effect from the date of implementation of revised fares in the district of Malda on res identified as express routes This requirement was limited to express buses plying on express routes.
(2.)The grievance of the appellants is four folds:-
1. It is submitted that the writ application was not maintainable as it had been filed on behalf of the association. Reliance has been placed on the decision of the Division Bench of this Court in Siliguri Inter-District Minibus Owners' Association & Ors. Vs. Bijon Krishna Bhowmick, 1993(2) CLJ 99.

2. It is submitted that admittedly the writ petitioner had express bus licence and did not ply as a bus with the contract carriage or stage carriage permit.

3. That the resolution was passed in Feb. 1995. Whereas the writ petition was filed a year later.

4. That the demand being a fiscal one, it would be difficult to recover if the writ petitioner was ultimately unsuccessful. Whereas, the appellant was agreeable to undertake to Court to return any amount which may be deposited by the writ petitioner with them in the event the writ petitioner is ultimately successful, to the writ petitioner together with interest. Reliance has been placed on the decisions in AIR 1986 SCC 663 and AIR 1985 SCC 1368.

(3.)It has been submitted by the respondents that the application is maintainable as at least two of the petitioners were individuals hose interest had been affected. Secondly, it is submitted that tie that the writ petitioners had an express bus endorsement on their tenses had been challenged in the writ petition and it was not open to appellants to rely upon such endorsement. It is stated that in fact writ petitioners operated as normal contract stage carriage operators, is also stated that in fact the resolution had not been given effect to least till Dec. 1985 when the writ petition was filed.
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