SHIB KUMAR DUTTA Vs. APPELLATE SUB COMMITTEE OF THE STATE TRANSPORT AUTHORITY W B
LAWS(CAL)-1969-2-4
HIGH COURT OF CALCUTTA
Decided on February 19,1969

SHIB KUMAR DUTTA Appellant
VERSUS
APPELLATE SUB-COMMITTEE OF THE STATE TRANSPORT AUTHORITY, W.B. Respondents

JUDGEMENT

A.K.Sinha, J. - (1.) In this Rule, the petitioner prays for quashing certain orders made by the Regional Transport Authority, respondent No. 2 and affirmed by the Appellate sub-committee of the State Transport Authority, the respondent No. 1 cancelling the petitioner's permit relating to his vehicle No. WBT 1709 (Landmaster Baby Taxi) as a contract carriage. The facts briefly are:
(2.) The petitioner was granted the above permit some time in August 1956. Since then he had been using the said Taxi Cab for the purpose of serving the public convenience. By a notice dated October 28, 1964, the Secretary of the respondent No. 2 directed the petitioner to show cause against a proposed cancellation of the said permit under Section 60(1)(a) & (c) of the Motor Vehicles Act, 1939 (referred to herein as the Act).
(3.) The petitioner furnished an explanation in which he denied that he ceased to own the vehicle but admitted that he had changed the garage from 137/3, Upper Circular Road No. 7. Ganapat Bagla Lane, without prior permission of the concerned authority for which he regretted. Thereafter, by a memorandum dated March 26, 1965, the secretary of the respondent No. 2 informed the petitioner that his explanation was found to be 'thoroughly unsatisfactory' by the Regional Transport Authority, Calcutta which in its meetings held on January 18, 1965 passed a resolution for cancellation of the said permit and directed the petitioner to surrender the permit in respect of the above vehicle within seven days from the cancellation.;


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