- (1.) CHALLENGING the judgment and order dated 24th november, 2006 passed by the learned Trial Judge in WP No. 1605 of 2006 this appeal has been preferred by the State respondents. By the impugned judgment under appeal learned Trial Judge passed a mandatory order directing the Regional Transport Authority, Howrah, to issue a stage carriage permit by extending the life of offer letter as issued on 7th July, 2003 which faced the natural death in view of the statutory provision under Rule 141 of the West Bengal Motor Vehicles Rule, 1989.
(2.) THE fact of the writ petition was very short. The writ petitioner was offered to place his vehicle for grant of stage carriage permit. The Regional transport Authority, Howrah by its communication dated 7th July, 2003 directed the petitioner to place his vehicle within three months from the date of issuance of the offer letter. This offer letter breathed its last. After three months the vehicle was not placed. Thereafter, after long three years this writ petition was moved seeking placement of vehicle and the learned trial Judge passed the impugned judgment. The impugned judgment under appeal is as follows: "since the petitioner is in a position to produce a vehicle equipped with bharat Stage III exhaust system, let the offer letter issued on 7. 7. 2003 be treated to be valid and the validity of the said offer letter will continue for a further period of four weeks from date. The Regional Transport Authority, Howrah, is directed to issue the stage carriage permit, as sought for by the petitioner, provided the petitioner complies with the other conditions of the offer letter and provided there exists any vacancy. However, it is pointed out by Mr. Mukherjee, learned advocate for the petitioner, that in view of the restraint order, the vacancy could not be filed in and the vacancy therefore still exists as no advertisements have since been made by the Regional Transport Authority inviting applications for filling in the vacancy or vacancies from the intended operators to operate their vehicles on the route in question. Such permit will be issued within a week from the date of compliance of the conditions of the offer letter. All parties concerned are to act on a xeroxed signed copy this order on the usual undertakings. "
(3.) THE only consideration passed in the appeal is impact of Rule 141 of the west Bengal Motor Vehicles Rules, 1989. The said provision reads as follows: "every permit must contain the Registration Mark (s) of the vehicle (s)which shall ply by virtue of the permit granted and during the period prescribed by the Transport Authority granting the permit in the offer letter which shall not normally exceed one month from the date on which the offer letter is issued, the grantee must produce the documents in respect of the vehicle (s) showing that he is in possession of the vehicle (s)as owner thereof and that the change of address of vehicle (s) concerned has been effected within this State, if previously registered outside this state and that the vehicle (s) is/are not covered by any kind of permit (s): provided that the Transport Authority granting the permit may allow time up to a limit of four months in respect of a grantee under the additional Employment Programme or an Ex-serviceman: provided further that the Transport Authority granting the permit may for reasons to be recorded in writing relax the condition as to possession by ownership for such period as it might consider reasonable but in any case not beyond six months from the date on which the permit is granted. In such contingency, also, the condition as regards transfer or change of address shall not be relaxable. ";