- (1.) THE respondent No. 1 is an association of bus Operators in the District of Burdwan. They challenged a notification issued by the State imposing colour restriction on State Carriage. Similar challenge was also made through various writ petitions by different bus operators. The learned Single Judge disposed of altogether eight writ petitions by common judgment and order impugned in this appeal. Learned single Judge allowed the writ petition and quashed the impugned notification. Being aggrieved and dissatisfied with the judgment and order of the learned single Judge State preferred the instant appeal in connection with W. P. No. 13191 (W) of 2005. In respect of other seven writ petitions State did not prefer any appeal. We, however, directed notice to be given to the respective writ petitioners. Accordingly notice was served upon the learned advocates. We also heard Mr. Sanat Kumar Roy appearing for the writ petitioners in w. P. No. 11685 (W) of 2005 and 13676 (W) of 2005. Others, however, did not make any submission.
(2.) ON perusal of the writ petition we find that the challenge thrown by the writ petitioner was principally on two counts :- " (i) The State had no authority to issue such notification as Central Rules already provided for colour restrictions. (ii) In case State Carriage Vehicles were painted with a uniform colour combination it would be difficult to identify a particular vehicle if after causing accident fled from the spot. "
(3.) THE writ petitioners also contended that similar notifications were quashed by the learned Single Judge earlier. Hence, subsequent notification was illegal being contrary to the order of the learned Single Judge.;