Altamas Kabir, J. - (1.) This appeal at the instance of the State Transport Authority, West Bengal, is directed against the judgment and order dated 17th February, 1998, passed by the learned single Judge on the writ application (Matter No. 1413 of 1994) and the subsequent contempt application (C.C. No. 260 of 1996) of Shri Milan Kumar Puri, allowing the writ application and disposing of the contempt application by directing the State Transport Authority and its authorities to issue permanent permit to the petitioner on the route Calcutta to Mazna.
(2.) The said route is to a large extent aligned to the notified route Calcutta to Digha. In 1987, the writ petitioner/respondent No. 1 seems to have applied for a permanent stage carriage permit on the said route, but, inasmuch as, the State Transport Authority, West Bengal, remained silent over the mater, he moved several writ petitions and pursuant to orders passed therein he was granted successive temporary permits on the said route.
(3.) On 20th March, 1990. the writ petitioner/respondent No. 1 made a fresh application to the State Transport Authority, West Bengal, for grant of a permanent stage carriage permit on the aforesaid route. As the said application also remained undisposed of, the writ petitioner once again moved a writ petition which was disposed of by a learned single Judge with a direction upon the said authority to consider the petitioner's application within a specified time after giving the writ petitioner an opportunity of hearing under Section 80 of the Motor Vehicles Act, 1988. The said application was rejected by the State Transport Authority on the ground that under Section 80 of the said Act, the State Transport Authority had no jurisdiction to grant such permit. The writ pertitioner/respondent No. 1 moved yet another writ petition against the said decision of the State Transport Authority. The matter went up to the Appeal Court which by its order dated 28th Sept. 1993, quashed the resolution of the State Transport Authority dated 5th Nov. 1990, and once again directed the said authority to consider the writ petitioner's application dated 20th March, 1990, for grant of a permanent stage carriage permit on the route Calcutta to Mazna in accordance with Section 80 of the Motor Vehicles Act, 1988.;