Lakshman Mandal vs The State of West Bengal and Others

Hon''ble Mr. Justice Jayanta Kumar Biswas

Case stated in para.7 of the WP under art.226 dated April 18, 2012 is quoted below:-

Your petitioner submits that it is crystal clear in the route map collection from internet that no bus route has not yet been mentioned in the application from and in the physical position of the schedule route there is no question of Bus Route. The total route length of the schedule route of Auto Rickshaw of the petitioner is 12.5 k.m. and out of 12.5 k.m., 1.5 k.m. are Bus Route. It is clear in the route map that only Krishnagar Railway Station to Dogachi are plying the Bus and the distance from the Krishnagar Railway Sation to Dogachhi only 1.5 k.m. i.e. within the zone of consideration. Auto Rickshaw can ply upto 3 k.m. within the Bus Route as per Govt. circular 30% of the total route is 3.75 k.m.

The petitioner''s application for grant of a contract carriage permit was rejected by the Regional Transport Authority, Nadia by a decision dated July 14, 2011 (WP pp.21-22) on the grounds that the route for which the petitioner wanted permit for plying an auto-rickshaw overlap a bus route.

Relying on the document at p.20 of the WP the case in para.7 of the WP was stated, and now relying on the document counsel for the petitioner disputes the specific case stated in the written instructions given by the RTA to its counsel that 30% of the route for which the petitioner wanted permit is covered by an existing bus route.

Relevant parts of the written instructions dated April 30, 2012 given by the RTA to its counsel are quoted below:-

In connection with the reference cited above, I am to state that the application of Shri Lakshan Mondal, S/O Sri Santosh Mondal of Mahisnangra, PO- Goaldha, PS- Kotwali, Dist. Nadia was considered by the Regional Transport Authority, Nadia in its meeting dated 26/07/2011 (Sl. No. 84) and adopted resolution as follows-"Bus Route. Considered and not allowed". (copy enclosed).

It is learnt from the report submitted by Amit Singh, MVI(NT) that the length of the route in question is 11 k.m.(approx), out of which Bus route covers 3.5 km(approx). As per point no. 5 of Government Notification vide no. 268-WT/3M-01/2010 (copy enclosed), no new auto rickshaw permit will be issued covering more than 30% of existing bus routes in roads other than NHs/SHs.

This is for your information and taking necessary action to defend the suit.

The document at p.20 is stated to be a map of the route prepared by a surveyor engaged by the petitioner. It is not a public document. There is no scope for examining the surveyor only who can prove the document and the contents thereof.

In the face of the specific case of the RTA, a statutory authority, stated in its written instructions, I do not find any reason to entertain the WP for ascertaining, by engaging a surveyor, what is the actual length of the route for which the petitioner wanted permit, and what part of the route overlap the existing bus route. These disputed questions are not to be decided by the Writ Court; for they can be decided only after taking down evidence. For these reasons, I dismiss the WP. Nothing herein shall prevent the petitioner from approaching the Civil Court according to law. Costs remission prayer is allowed. No costs. Certified xerox.