DIPAK DEY vs STATE OF WEST BENGAL & ORS.

The Court : Mr. Sen, learned Additional Government Pleader submits that the appellant was required by the Secretary, State Transport Authority,

West Bengal (hereafter the STA) to produce the vehicles proposed to be plied on the route in question before the Registering Authority, Siliguri and

also that the Registering Authority, Siliguri was asked to submit a ‘compatibility report’ as to whether such vehicles complied with the provisions

of Section 72(2)(x) of the Motor Vehicles Act, 1988 read with Rule 227 of the West Bengal Motor Vehicles Rules, 1989 as also does not attract

Section 53(1)(a) of the Act.

According to Mr. Sen, the compatibility report is awaited. On behalf of the appellant, it has been submitted by Mr. Chakraborti,learned advocate that

the vehicles were produced before the Registering Authority, Siliguri on 22nd February, 2018 and certificates of registration in form no.23 have been

issued.

It appears from the certificates of registration that the said vehicles have seating capacity of 50 and sleeping capacity of 12, totaling to 62 and that the

type of body of the same has been mentioned as ‘Bus Sleeper’.

Since it is the submission of Mr. Sen that the appellant’s prayer for replacement of vehicles cannot be granted without looking into such

certificates of registration as also the compatibility report referred to above, we direct the appellant to produce the said certificates of registration

before the Secretary, STA by 8th May, 2018 positively. The Registering Authority, Siliguri shall also endeavour to send the compatibility report as

early as possible but not later than 11th May, 2018. It shall be open to the STA to take an appropriate decision on the appellant’s prayer for

replacement of vehicles, in accordance with law by 15th May, 2018.

The decision of the STA shall be placed before us on 16th May, 2018 when the appeal shall be listed once again under the heading ‘For

Orders’.