Samaresh Banerjea, J. - (1.) The short question which has arisen for determination of this Court in the present Writ Application is whether under Rule 24 of the Central Motor Vehicle Rules, a Motor Training School or establishment already operating under a licence can be permitted extension of such establishment in a separate premises.
(2.) The petitioner which a Motor Training School having a valid licence issued by the Licensing Authority, Calcutta, which has been renewed upto June 1999, admittedly situates at premises No. 50, Prince Rahimuddin Lane, Calcutta-700 033 The petitioner No. 2 is the proprietor of the said Motor Training School.
(3.) On 7th December, 1994, the petitioners applied before the Licensing authority praying for extending the library and traffic room of the said school in another premises being 8/1B, Chakraberia Road (Simth). Calcutta-700 025, as according to the petitioner the existing premises of the said school is not sufficient to afford better library facilities including traffic room accommodation with different parking signals and route safety devices for the learners of motor driving, it is alleged that on the basis of the said application, inspection of the aforesaid premises was duly made by the Licensing Authority on January 1995 and allegedly he was satisfied about the suitability of the said premises, but subsequently no step was taken to give the requisite permission and to make the necessary endorsement on the licence permitting extension of such school in the aforesaid new premises. The petitioner accordingly moved this Hon'ble Court under Article 226 of the Constitution being C.O No. 13183(W) of 1995 in the Appellate Side Jurisdiction of this Hon'ble Court whereupon Satyabrata Sinba, J. by an order dated 11th August, 1995, was pleased to dispose of the Writ Application by directing the Licensing Authority to consider and dispose of the application made by the petitioner as early as possible. As the Licensing Authority was not disposing the application in respect of such order, the petitioner bad moved an application for contempt. Thereafter by the impugned order dated 12th December, 1995, such prayer of the petitioner has been rejected by the Licensing Authority on the ground that under the present relevant provisions of the Motor Vehicles Act and Rules made thereunder such permission cannot be granted.;