AMITAVA LALA - (1.) The petitioners are representing a union and the office bearers of the hand rickshaw pullers in the city of Calcutta asking relief in the nature of writ of mandamus as to the nature thereof commending the respondents to issue and/or renew pullers' licence to the applicants in pursuant to the provisions of Calcutta Hackney-Carriage Act within a short period from the date of the application upon rejecting the impugned order dated 4th May, 1998. In addition thereto the petitioners also sought relief in the nature of writ of certiorari to quash, rescind or to recall such impugned order dated 4th May, 1958 issued by the respondent No. 3 in respect of issuance of fresh and/or renewed licence to the pullers of rickshaws and other consequential reliefsin the nature of the writ of prohibition prohibiting the respondents from taking any penal action against the pullers for not having licence.
(2.) The petitioner contended that at present in Calcutta City about 6,000 licensed rickshaws are plying rickshaws having prior licence by the Hackney-Carriage Department. These licences were issued by the authority before 1950 and since then no single licence was issued to any person pursuant to their respective applications.
(3.) The Calcutta Hackney-Carriage Act provides for licence for pulling the rickshaw and pursuant to the same as many as 24,000 rickshaw pullers obtained driving licence from the licensing authority under Calcutta Hackney-Carriage Act, 1919.;