A.K.Sinha, J. - (1.) The instant writ petition is directed against certain order and directive given by the District Magistrate, Nadia shifting a Bus Stand from the existing site in front of the Police outpost Ranaghat on the B. N. Pal Chowdhury Road to a site on Jagpur Anulia Road. Briefly the facts as pleaded are as follows:
(2.) The petitioner is a registered Society composed of the Bus Owner Members of the District Nadia looking after the interest of the local Bus Owners and also the interest of the general travelling public. There is a permanent Bus stand at Ranaghat in the district of Nadia in front of Police Outpost, Ranaghat on B. L. Pal Chowdhury Road, adjoining the Railway station boundary wall which was allowed to have been fixed by the Ranaghat Municipality in July, 1959 and duly approved by the Regional Transport Authority, Nadia. By a resolution of the Regional Transport Authority, Nadia dated 16-1-1963, this Bus stand was decided to be shifted towards a site on Jagpur Anulia Road more than a mile off from the Ranaghat Railway Station. It is alleged, that this site was not covered by the route permit and had the effect of reducing the existing length of the route from 24 to 23 miles. After the said resolution by a letter dated 5-2-1963, the Regional Transport Authority requested the petitioner to take steps so that the shift-Ing might be effected early. As against the said resolution and direction of the Regional Transport Authority, the petitioner preferred an application before the State Transport Authority, West Bengal for revision under S. 64-A of the Motor Vehicles Act (hereinafter referred to as the Act) and prayed for cancellation of the resolution on grounds that it was passed without jurisdiction and in case the existing Bus Stand was shifted as resolved, the interest of the travelling public would be seriously affected and further that such resolution was passed without giving any opportunity to the petitioner or other persons vitally interested in making representation against the same. Upon this application for revision the S. T. A. took the view that the order passed by the Regional Transport Authority in this regard was to be made by the District Magistrate and the Regional Transport Authority could communicate its views on the subject if it had any. Accordingly by its order dated 25th September, 1963, the S. T. A. set aside the resolution and give a direction to the District Magistrate for Riving opportunity to the petitioner as also other parties interested, for hearing before the District Magistrate before he took a decision under Rule 101 of the Bengal Motor Vehicles Rules although it was observed that there was no express provision for giving such hearing either under Section 76 of the Act or Rule 101 of the Bengal Motor Vehicles Rules. This order was duly communicated to the petitioner by a memo dated 8th November, 1963.
(3.) The District Magistrate thereafter gave a notice to the petitioner to appear before him on 26th November, 1963 at 10.30 a. m. in connection with the hearing about the shifting of the said Bus stand at Ranaghat. The petitioner took several adjournments from time to time and ultimately the matter was fixed for hearing at 10.30 A, M. on 4th January 1964. On the same date the District Magistrate rejected the prayer of the petitioner for an opportunity of hearing as there was no body present on its behalf, but it is alleged that the petitioner's Advocate Sri Manindra Kumar Biswas was late in reaching the District Magistrate's chamber by only 20 minutes. Thereafter, in 6pite of several representations no further hearing was given. On the contrary, a letter was issued from the office of the District Magistrate to the Regional Transport Authority, Nadia with a direction for shifting the Bus stand immediately to the site on Jagpur Anulia Road.;