UJJAL TRANSPORT SERVICE Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2009-3-130
HIGH COURT OF CALCUTTA
Decided on March 12,2009

Ujjal Transport Service Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated February 15, 2006 is seeking a mandamus restraining the respondents from issuing a permanent stage carriage permit to the fifth respondent, Om Prakash Gupta, for the interstate route Tatanagar-Katras via Chas, Purulia.
(2.) Notice inviting application for one permit for the route was published by the STA West Bengal in newspaper on March 25, 2005. In response to one notice seven applications including the applications of the petitioner and the fifth respondent were received. Notice was given to all the applicants to appear before the STA for interview. Only the petitioner and the fifth respondent appeared for interview, as will appear from the information revealed by the broadsheet, a copy whereof has been produced by the STA with its opposition dated April 20, 2006. The fifth respondent having obtained higher marks than the petitioner was selected.
(3.) Questioning the selection the petitioner took out this writ petition. Interim order dated February 21, 2006 was made restraining the STA from issuing any offer letter for the route to anyone. The interim order is still in force. Feeling aggrieved by the interim order the fifth respondent preferred an appeal, which was disposed of by an order dated March 29, 2006. Points raised in the appeal were kept open for decision by the single judge. One of the points taken in the appeal was that the writ petition taken out by an unregistered firm would not be maintainable.;


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