- (1.) THIS mandamus appeal is directed against two orders dated 21st september, 2006 and 22nd February, 2007 both passed by a learned Single Judge of this Court in W. P. No. 1416 of 2006 at the instance of the appellants who were respondent nos. 1 to 4 in the writ petition. Let me now consider as to how far the learned Trial Judge was justified in passing the impugned orders in the facts of the instant case.
(2.) FOR proper appreciation of the dispute between the parties leading to filing of this appeal, short background of this case is given below:- (i) On 17th May, 2002 the petitioner applied for grant of permanent stage carriage (bus) permit under Section 69 read with Section 70 of the Motor Vehicles act, 1988 in respect of the route from Howrah Station to Barrackpore. (ii) Since the petitioner's prayer for grant of such permit was not considered by the concerned authority in view of the notification dated 20th May, 2003 and the order passed by the Division Bench of this Court on 27th September, 2005 in f. M. A. No. 604 of 2005 (Sujata Ganguly and Ors. Vs-State of West Bengal and Ors.), the writ petitioner moved a writ petition seeking various reliefs including for issuance of writ in the nature of mandamus commanding the respondent authorities, their men, agents, servants and subordinates and each one of them to forbear from denying to issue an offer letter for grant of permanent stage carriage (bus) permit in respect of route Howrah Station to Barrackpore in favour of the petitioner on the basis of the application made by the petitioner on 17th may, 2002 and further for issuance of the writ in the nature of mandamus commanding the respondents their men, agent, servants and/or subordinates and each one of them to forthwith issue an offer letter or grant of stage carriage permit (bus) in respect of route Howrah Station to Barrackpore in favour of the petitioner on the basis of his aforesaid application etc. (iii) In course of hearing of the said writ petition the petitioner submitted that though he applied for a permit to operate his vehicle originally from Howrah station to Barrackpore but he is prepared to have a permit to operate his vehicle from Howrah new bus stand to Barrackpore. Thus, by making such a submission for issuance of a permit in respect of a different route, the petitioner himself abandoned his original prayer for grant of stage carriage permit (bus)from Howrah Station to Barrackpore as made by him in his application dated 17th May, 2002. (iv) The learned Trial Judge disposed of the said writ petition on 21st september, 2006 by directing the concerned authority to issue an offer letter in favour of the petitioner in respect of the modified route namely Howrah New Bus stand to Barrackpore instead of the original route for which the permit was sought for by the petitioner in his application dated 17th May, 2002. The authorities were further directed to issue the permit in favour of the petitioner within two weeks from the date of compliance of the condition of the offer letter, by the petitioner. (v) Pursuant to the said order, a letter was issued to the petitioner on 22nd november, 2006 whereby the petitioner was requested to produce original receipt copy of the application dated 17th May, 2002 to the Secretary, STA West Bengal for his verification. The petitioner was also requested to submit a detailed alignment for the route of Howrah New Bus Stand to Barrackpore for issuance of offer letter. (vi) In reply to the said letter the petitioner submitted his original application for grant of permit dated 17th May, 2005 along with his letter dated 1st December, 2006 indicating therein the route alignment for which permit was sought for by the petitioner to ply his vehicle i. e. Howrah New Bus Stand to barrackpore via Howrah Station, Howrah Bridge, Posta, Barabazar, Girish Park, central Avenue, Shyambazar, B. T. Road, Sodepur, Titagarh, Barrackpore. (vii) On 15th December, 2006 an offer letter was issued by State Transport authority in favour of the petitioner wherein it was indicated that the STA West bengal, in its meeting held on 16th November, 2004, decided to grant a permanent stage carriage permit in favour of the petitioner for five years as per the provision of the Motor Vehicles Act, 1988 and the West Bengal Motor Vehicles rules, 1989 in respect of the inter regional route Howrah New Bus Stand to barrackpore subject to acceptance of the offer within 30 days from the date of the offer letter and further upon compliance of the other requirements as mentioned in the offer letter within the said period. It was mentioned in the said offer letter that the said offer will automatically stand cancelled if the petitioner fails to fulfil the requirements as per the offer letter within the stipulated time. (viii) Admittedly, the petitioner did not fulfil the conditions as mentioned in the said offer letter. Instead of fulfilling the conditions as mentioned in the said offer letter the petitioner filed an application in the said disposed of writ petition giving rise to G. A. No. 139 of 2007inter alia praying for modification of the earlier order passed by the learned Trial Judge on 21st September, 2006 so that the petitioner is permitted to ply his vehicle within the route alignment as mentioned in his letter dated 1st December, 2006. (ix) The learned Single Judge disposed of the said application on 22nd february, 2007 by modifying His Lordship's order to this extent that the writ petitioner will operate his vehicle on the route as mentioned in the earlier order dated 21st September, 2006 namely Howrah new bus stand to Barrackpore via howrah Bridge, Barabazar, M. G. Road and Sealdah. The learned Single Judge was further pleased to extend the validity of the offer letter for obtaining the consent of the petitioner for a further period of one month from the date of the order. The propriety of those two orders passed by the learned Single Judge is under challenge in this mandamus appeal at the instance of the State respondents.
(3.) A short question which has come up for consideration in this appeal is as to whether such a permit can be directed to be issued in favour of the petitioner for authorising him to ply his vehicle in the route as mentioned in the modified order passed by the learned Single Judge in violation of the notification issued by the Government of West Bengal, Transport Department on 6th August, 2004 when the validity of such notification was upheld by the Division Bench of this hon'ble Court in the order dated 27th September, 2005 passed in F. M. A. No. 604 of 2004 (Sujata Ganguly and Ors.-Vs- State of West Bengal and Ors. ).;