JUDGEMENT
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(1.) THE subject-matter of challenge in this writ application is the resolution dated February 15, 2007 adopted in the meeting of the respondent No. 2 rejecting the application of the petitioner dated January 31, 2007 for granting stage carriage permit on the route from Jalan Complex - II (Howrah) to Rajpur (South 24-Parganas ).
(2.) THIS writ application is taken up for final disposal with the consent of the parties on the basis of the admitted facts.
(3.) IT is an admitted fact that by virtue of the above resolution the application of the petitioner dated January 31, 2007 for granting stage carriage permit on the route in question was kept pending. The ground for keeping the application undisposed of was the above resolution. In order to decide the point of law involved in this writ application on the basis of the admitted facts, the above resolution being Annexure P-3 of the writ application is quoted below:
"ld. Advocate was present. The proposed route is Jaln Complex-II (Howrah)to Rajpur- (South 24-Parganas) and passes through the contested areas like rabindra Sadan, Exide, Bhabanipur, Rash Behari, Deshopriyo Park, triangular Park, Gariahat, Jodhpur Park, Jadavpur, Garia. After discussion, sta, WB resolved to obtain bus stand report from SP, South 24-Parganas regarding availability of bus stand at both Jalan Complex-II and Rajpur. It is also resolved to seek report from DC (Traffic), Kolkata Police regarding allowing the vehicle to ply through the contested areas like Rabindra Sadan, exide, Bhabanipur, Rash Behari, Deshopriyo Park, Triangular Park, gariahat, Jodhpur Park, Jadavpur, Garia. After receipt of the said report, sta will consider the matter. ";
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