- (1.) This writ application is directed against the show cause notice under Section 60 of the Motor Vehicles Act 1939 dated April 13, 1987 issued by the Secretary, Regional Transport Authority, Calcutta Region for cancellation of permit under Section 60 of the Act of 1939 and the order of requisition dated 25th April, 1987 passed by the District Magistrate, 24 Parganas North, Barasat (the District Magistrate hereafter) under Section 3 of the West Bengal Requisition of Vehicles Act, 1979 (for short the said Act hereinafter) read with Notification No. 5517/WT dated April 14, 1987 of the Transport Department, Government of West Bengal. Order dated April 14, 1987 was issued by the Deputy Secretary to the Government of West Bengal, Transport Department in the manner follows:- "No 5517-WT Government of West Bengal Transport Department Dated 14-4-1987.
(2.) A specimen copy of the show cause notice issued by the Secretary, Regional Transport Authority, Calcutta Region under Section 60 of the Act of 1939 is contained in Annexure K to the writ application as follows :- "It appears that the vehicle under reference has not been plying in the Route since 8-4-1987 causing great inconveniences to the travelling public which is detriment to the interest of public service. You are therefore, directed to show cause within ten days from the date of this notice as to why the permit should not be cancelled for violation of Section 60 of the, M.V. Act, 1939." 2A. The District Magistrate issued an order under Section 3 of the said Act to the following effect:- "Whereas the undersigned is of the opinion that the vehicle mentioned in the schedule below is needed for maintaining supplies and services essential to the life of the community of New Barrackpore. And, therefore, in exercise of the powers conferred by Section 3 of the West Bengal Requisitioning of Vehicles Act, 1979 read with Notification No. 5518 WT dated April 14, 1987 of the Transport Department, Government of West Bengal, the undersigned hereby requisitions the vehicles described below for a period of two months from the date of requisition unless released earlier, and directs that the possession, of, and control over the said vehicle be made over on 26-4-1987 at 3 p.m. at District Motor Vehicles Office (Barasat) where possession of the said vehicle will be taken. The compensation for the requisition of the vehicle shall be paid as provided in the above-mentioned Act."
(3.) The writ petitioner No. 1 is an association of operators of Mini Buses in Route No. 175 and the writ petitioner Nos. 2 to 16 are operators of Mini Buses in Route No. 175 plying between New Barrackpore and Alipore National Library (for brevity the subject route hereinafter) by virtue of permits granted by the Regional Transport Authority under the Act, 1939 in accordance with time table supplied to the petitioners from time to time. The writ petitioners No. 2 to 16, all educated unemployed persons, after taking loan from different Banks as well as financial institutions by proper hypothecation and mortgage of valuable ornaments and other properties purchased the respective mini buses for plying on the subject route. A list i.e. Annexure "A" to the writ petition shows the names and addresses of the petitioners, their respective mini buses bearing numbers and permit numbers. Loan thus taken by the petitioners at high rate of interest for the reasons to be recorded hereafter could not be paid by the petitioners as a result thereof, the interest went on mounting to the detriment of the petitioners.;