- (1.) THE petitioner is the holder of two contract carriage permits under which she operates her vehicles in the route between Balurghat and Pranjal and raghunathpur and Gopalpur. Both the routes lie within the jurisdiction of the regional Transport Authority ("r. T. A. " in short), Dakshin Dinajpur. These two vehicles bearing registration numbers WB-61/0280 and WB-41b/2361 have seating capacity of 19+1 and 31+1 respectively. Originally the vehicle bearing registration no. WB-41b/2361 was operating in the route between Balurghat and pranjal whereas the vehicle with registration no. WB-61/0280 was plying between Raghunathpur and Gopalpur. The main controversy in this application is over right of the petitioner to place the vehicle having seating capacity of 31+1 in the route between Raghunathpur and Gopalpur.
(2.) THE petitioner had applied for interchange of the vehicles in these two routes, which was initially permitted by the R. T. A. Subsequently, by a memorandum dated 29th November 2007 bearing no. 1245/mv, a copy of which has been made Annexure "p1" to the writ petition, the Secretary of the R. T. A. sought to supersede the order permitting such alteration of the vehicles. In this memorandum, objection was taken on placing the vehicle with the seating capacity of 31+1 in the route between Raghunathpur and Gopalpur on the ground that a vehicle with such a seating capacity was not to be permitted to ply as per the R. T. A. Board policy. The petitioner was directed to revert to the earlier arrangement of plying of the respective vehicles in their original routes. A second memorandum was issued by the same authority on 5th December 2007 (being annexure "p2" to the writ petition) requiring the petitioner to withdraw the vehicle no. WB-41b/2361 from the Raghunathpur to Gopalpur route and ply the said vehicle in its original route. The petitioner was directed to deposit the RC book and the permit of the vehicle for necessary correction.
(3.) IT is this direction for reversal of the earlier order permitting alteration of the vehicles in the two routes which is under challenge in the present writ petition. The text of the memorandum dated 29th November 2007, is reproduced below:- "in supersession of previous order for alteration of the above vehicle between the route from Raghunathpur to Gopalpur and Balurghat to panjul respectively which was allowed to ply w. e. f. 29. 8. 2007. It is mentioned that the seating capacity of Vehicle No. WB-41/2361 is 31+1 which is not to be permitted to ply as per RTA Board Policy. This alternative was made due to mistake from this end. As such, you are directed to ply the vehicle No. WB-61/0280 in the route from Raghunathpur to Gopalpur via Kamarpara and WB41b/ 2361 will ply in the route from Balurghat to Panjul and back w. e. f. 29. 11. 2007. The report in compliance may please be intimated to this office early. " (Quoted verbatim);