R.K.BAG,J. - (1.) The petitioner has filed this writ petition challenging the resolution of the Board meeting of State Transport Authority, West Bengal dated July 10, 2015 (Annexure P/6 to the writ application) and other ancillary reliefs.
(2.) It appears from the materials on record that stage carriage permit was granted in favour of one Mrityunjoy Maity for plying the stage carriage in the route from Keyageria to Diamond Harbour. The permit covering vehicle no. WB 29/8099 issued in favour of Mrityunjoy Maity remained valid upto May 4, 2015. Admittedly Mrityunjoy Maity died on November 19, 2012 leaving behind his wife - Ashima Maity, son, the petitioner - Santanu Maity and two daughters - Rupsa Maity (Maji) and Bidisha Maity as his legal heirs. Subsequently, Ashima Maity, the wife of the original permit holder, Mrityunjoy Maity died on November 19, 2012. The petitioner submitted an application before the Secretary, State Transport Authority, West Bengal on June 2, 2015 (Annexure P/4 to the writ application) praying for transfer of the permit in his favour. By resolution dated July 10, 2015, the State Transport Authority refused to transfer the permit of the deceased Mrityunjoy Maity in favour of the petitioner for the delay in submitting the application for transfer of permit by the petitioner and for expiry of the validity of the permit.
(3.) Mr. Roy, learned counsel appearing on behalf of the petitioner contends that the petitioner has submitted another application before the State Transport Authority, West Bengal on February 11, 2017 (Annexure P/7 to the writ application) by explaining the delay for not submitting the application within the prescribed period laid down under section 82 of the Motor Vehicles Act, 1988 and the said application may be considered by the respondent no.2 in accordance with law.;