REGIONAL TRANSPORT AUTHORITY DARJEELING & ORS. Vs. BRIHATTARA SILIGURI CITY AUTO OPERATORS ASSOCIATION & ORS.
LAWS(CAL)-2007-8-94
HIGH COURT OF CALCUTTA
Decided on August 08,2007

Regional Transport Authority Darjeeling And Ors. Appellant
VERSUS
Brihattara Siliguri City Auto Operators Association And Ors. Respondents

JUDGEMENT

- (1.) Heard learned Advocate appearing for the parties.
(2.) All these three appeals arose out of the same judgment dated 20th September, 2006 passed in WA 1401 of 2006 by the learned Trial Judge. Hence all these three appeals are taken up for analogous hearing. As all appeals are relating to the same order, we are modifying the earlier order of filing the paper book as one paper book will suffice to pass the judgment which has been filed in one appeal.
(3.) By the impugned judgment under appeal the learned Trial Judge directed that the Regional Transport Authority should make necessary endorsement on the permit and on the certificate of registration of the vehicle concerned or issue a stage carriage permit following the procedure if such conversion has not already taken place. The impugned judgment reads such: - This writ petition is disposed of with a direction that if the writ petitioner has a valid permit, namely, either contract carriage permit or stage carriage permit, the writ petitioner should be allowed to operate on the basis thereof and there should not be any unnecessary or illegal interference or obstruction to the petitioners' right of operation whose vehicle is covered by a valid permit. Mr. Banerjee submits that the authority concerned has already converted the contract carriage permit into a stage carriage permit. It is directed that the authority concerned should make the necessary endorsement on the permit and on the certificate of registration of the vehicle concerned or issue a stage carriage permit following the procedure, if such conversion has not already taken place within a reasonable time and in any event within a period of four weeks from the date of communication of this order.;


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