- (1.) The Court : Party/parties is/are represented in the order of their name/names as printed above in the cause title.
(2.) The brief issue in this writ petition is that the inter-State route Tata to Bandwan extended upto Kuilapal covering the States of West Bengal and Jharkhand (then Bihar) has been operated by the petitioner on the basis of a Permanent Stage Carriage permit renewed from time to time from the year 1984. The petitioner points out that the permit was last renewed by the STA, Jharkhand on 29th May, 2017 to remain effective upto 19th June, 2022. Mr. Bhattacharyya, learned Counsel appearing for the petitioner, expresses total surprise at the turn of events after 34 years of the petitioner operating on the route, courtesy a communication of the Deputy Secretary, STA, West Bengal, dated 12th June, 2018. The said communication dated 12th June, 2018 refused countersignature of STA, West Bengal on the permit on the ground that the said inter-State route Tata to Bandwan, extended upto Kuilapal is not a route which features in the Reciprocal Transport Agreement, 2004 between the two States. Mr. Bhattacharya submits and, to the mind of this Court justifiably so at this stage, that at the end of 34 years of operating on the route admittedly with the consent of the two STAs, details whereof are pleaded in the writ petition, the almost Archimedes like discovery by STA, West Bengal, that the route does not exist in the Reciprocal Transport Agreement, 2004 has knocked the bottom out of the of the sails of the petitioner.
(3.) The attention of this Court is drawn to Clause 8(F) of the Reciprocal Transport Agreement, 2004 which permits the two STAs to make suitable corrections including alteration, addition and deletion or changes in the routes agreed or not agreed to in the Reciprocal Transport Agreement. Mr. Bhattacharyya, therefore and, again to the mind of this Court justifiably so at this stage, seeks invocation of Clause 8(F) qua STA, West Bengal in communication with STA, Jharkhand, which is represented by Ms. Aishwarya Rajyashree, learned Advocate, for the purpose of recognising the route in issue which the petitioner is operating since 1984.;