- (1.) The six petitioners in this writ petition dated December 23, 2008 are holders of permanent stage carriage permits for several different routes within the jurisdiction of the Regional Transport Authority, Nadia. They took out this writ petition seeking a mandamus commanding the respondents to stop immediately the illegal operation of motor fitted van rickshaws on roads and in public places for carrying passengers in the district. They have said that pointing out the gross illegality and lawlessness indulged in by the persons operating the unauthorised motor fitted van rickshaws for carrying passengers, they submitted complaints to the respondents, but no step was taken to arrest the menace.
(2.) After considering their case stated in the writ petition, I made an order dated January 16, 2009, which is set out below: "The Superintendent of Police, Nadia is directed to file an affidavit stating whether the allegations made in the complaints dated May 20, 2007 and May 21, 2007, copies whereof shall be supplied to him at the time of communicating this order, are true; and if so, what steps the police have taken for seizing the motor vehicles plying without any authority of law and prosecuting the offenders." The Superintendent of Police shall specifically state how many motor vehicles which are being illegally plied in the areas mentioned in the complaints have been seized, and how many offenders have been prosecuted in terms of provisions of the Motor Vehicles Act, 1988 and the rules framed thereunder. The affidavit shall be filed by January 29, 2009. Place the matter on the daily list as motion on January 30, 2009. Copy of this order duly countersigned by the Assistant Registrar (Court) shall be given to the advocates for the parties on usual undertaking."
(3.) In obedience to the directions given by order dated January 16, 2009 the Deputy Superintendent of police (HQ), Nadia has filed an affidavit dated February 6, 2009 on behalf of the fifth to twenty third respondents. Paragraph 4 of the affidavit reads as follows: "4. Before dealing with the allegation made in the said writ petition the following facts are stated: (i) In the rural areas in the District Nadia some Van Rickshaws fitted with motor are found. Such Van Rickshaws ply on narrow pakka road in rural areas where driving of buses or other large size vehicles are not permitted. These Van Rickshaws carry goods and sometimes they carry 4 to 5 passengers through the narrow roads in those areas. (ii) Transport authority has not granted any permit for these vehicles and as such Van Rickshaws fitted with motors are not authorized to ply as transport vehicle. No Registration has also been made for these vehicle and no driving licence has been issued by the transport authority for driving these vehicles. As such driving of these vehicles are unauthorized and are not permissible under the Motor vehicles Act, 1988 and rules framed thereunder. (iii) Inasmuch as the driving of Van Rickshaw fitted with motor is in contravention of the Motor Vehicles Act, 1988 and the rules framed thereunder, the respondent authority took steps against the errant drivers and unauthorized vehicles. Accordingly several cases were registered against the Van Rickshaws fitted with motors in the District of Nadia. A table enumerating the Police cases initiated against the Van Rickshaws fitted with motors under the different provisions of the Motor Vehicle Act, 1988 and the date of registration of cases as available from the records of the respondent authority on 28th January 2009 is annexed herewith and marked with letter- R-5/1. (iv) The respondent authority respectfully submits that all steps are being taken against the offenders to bring them under the books as provided under the Motor Vehicles Act, 1988 and rules framed thereunder.";