- (1.) The petitioner claims to be the holder of a permanent stage carriage permit issued by the Regional Transport Authority, Nadia, in respect of the route Krishnagar to Ranaghat. According to the petitioner, he has been plying bis vehicle on the said route for a considerable length of time on the basis of the said permit.
(2.) The petitioner's grievance is that notices were published by the Secretary, Regional Transport Authority, Nadia, in local newspapers on 12th February, 1999. inviting applications for grant of stage carriage/contract carriage permits in respect of different routes in the District of Nadia as well as Murshidabad. According to the petitioner, the said notices had been issued unlawfully without complying with the provisions of Sections 69, 71 and 80 of the Motor Vehicles Act, 1988 read with Rule 103 of the West Bengal Motor Vehicles Rules, 1989.
(3.) It is the categorical grievance of the petitioner that the routes in question have not all been approved and were not formulated by the State Government under Section 68(3)(ca) of the aforesaid Act and that since the major portion of the routes in question lay within the District of Murshidabad, the Regional Transport Authority, Nadia, has no jurisdiction to invite applications for grant of stage carriage/contract carriage permits having regard to the provisions of Section 69 of the aforesaid Act which provides that every application fora permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles, provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same state the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or arcs in each of the regions is approximately equal then to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles.;