- (1.) IN compliance of the order of the Hon'ble Justice Pradipta Roy dated 12. 9. 2003 in connection with W. P. No. 11574 (W) of 2003 in the petitioner jahangir Ali Mallick was heard by the RTA Howrah on 05. 7. 2004 through the Id. Advocate Md. Rajjak Ali Gazi. The RTA considered the application for offer letter/permit on the Route no. 27 (Bankra to Park Circus) and resolved that the petitioner name already in the priority list of concern route in the serial No. 11. As per notification dated 20. 5. 2003 enhance vacancy is 13. But four offer letters have already been issued in favour of four persons as per mandatory order of the Hon'ble High Court, Calcutta in W. P. No. 939 of 2000 (2) 17932 (W) of 2003 (3) W. P. No. 19661 (W) of 2003 and (4) W. P. 19473 (W) of 2004. So there is no scope for issuance of offer letter/permit in favour of the petitioner. At present all vacancy has been filled up. Yours faithfully, sd/-Secretary regional Transport Authority howrah"
(2.) IN the writ application nowwhere the petitioner has assailed the grant of permit to those four candidates whose writ applications were mentioned in the impugned decision by the Regional Transport Authority by making them parties in the proceeding on seeking review of the earlier mandatory order of the High Court whereby and whereunder those writ petitioners were granted route permit, save and except mentioning of the fact that other four writ petitioners were granted permit. No materials averred to identify the name of those writ petitioners for appropriate relief by the high Court as for example cancelling of the grant of permit in favour of the persons who were not in the priority list or who were in position Nos. 12 and 13 of the priority list as the case may be. The petitioner simply prays in this writ application the following reliefs: "a) A writ of and/or writs in the nature of Mandamus, commanding the respondents, each one of them, their agents, subordinates and/or assigns to forbear from giving any effect and/or further effect to and/or taking any step or further step pursuant to and/or acting or further acting on the basis of the impugned Memo No. 2591/1/mv dated 15th July, 2004 being Annexure "p-4" to this application rejecting the prayer of the petitioner for grant of Permanent Stage Carriage (Mini Bus) Permit in respect of Route No. 27, Bankra to Park Circus in favour of the petitioner in any manner whatsoever; b) A writ of and/or writs in the nature of Mandamus, commanding the respondents, each one of them, their agents, subordinates and/or assigns to forthwith cancel, withdraw and rescind the impugned Memo No. 2591/ 1/mv dated 15th July, 2004 being Annexure "p-4" to this application; c) A writ of and/or writs in the nature of Mandamus, commanding the respondents, each one of them, their agents, subordinates and/or assigns to forthwith issue offer letter for grant of Permanent Stage Carriage (Mini Bus) permit in respect of Route No. 27, Bankra to Park Circus, in favour of the petitioner on the basis of his application dated 26th november, 2002 being Annexure "p-l" to this application; d) A writ of and/or writs in the nature of certiorari directing the respondents, each one of them, their agents, subordinates and/or assigns to forthwith transmit the entire records of this case forming the basis of issuing the impugned Memo No. 2591/1/mv dated 15th July, 2004 being annexure "p-4" hereto rejecting the prayer for grant of Permanent Stage carriage (Mini Bus) Permit in respect of Route No. 27, Bankra to Park circus in favour of the petitioners before this Court and to certify them and on being so certified quash the same; e) A writ of and/or writs in the nature of prohibition prohibiting the respondents, each one of them, their agents, subordinates and/or assigns from giving any effect or further effect to and/or taking any step or further steps pursuant to and/or acting or further acting on the basis of the impugned memo No. 2591/1/mv dated 15th July, 2004 being Annexure "p-4" to this application rejecting the prayer of the petitioner for grant of permanent stage Carriage (Mini Bus) permit in respect of Route No. 27, Bankra to park Circus in favour of the petitioner in any manner whatsoever;".
(3.) IN the writ application there was no whisper about the mandatory order as passed by the High Court earlier which was taken as a shield to refuse the petitioner's claim by the Transport Authority. Petitioner ought to have assailed that order of the High Court and ought to have made the other four persons as parties in the proceeding seeking review of the earlier order of the High Court and praying cancellation of the grant of route permit for the purpose of fresh grant of permit in his favour following the priority and seniority list. In the writ application there is no such pleading, no averment and no prayer to that effect, but only prayer for not to give effect of the impugned decision and to grant permit in his favour.;