Suvankar Barik vs State of West Bengal and Others

Jayanta Kumar Biswas, J.—The petitioner in this WP under art.226 dated August 16, 2012 is aggrieved by a condition put by the State Transport Authority, West Bengal in its decision dated July 4, 2012 (WP p.51). The petitioner applied for a temporary permit for an interstate route: Kolkata - Bhagalpur. On the basis of a permanent interstate stage carriage permit CSTC was plying its vehicle on the route. Permit granted to CSTC expired. Under the circumstances, the petitioner applied for a temporary permit.

The STA has decided to grant the petitioner a temporary permit, if the petitioner agrees to give an undertaking that he will discontinue the temporary permit the moment CSTC will apply for a temporary permit for plying its vehicle on the route in question.

Mr Jana appearing for the petitioner submits that the condition is illegal. Mr Deb Roy appearing for the State submits that the provisions of s. 71(3)(d) of the Motor Vehicles Act, 1988 permitted the condition.

The number of stage carriages to be plied on the interstate route was limited by a notification issued under cl.(a) of sub-s.(3) of s. 71 of the Motor Vehicles Act, 1988. CSTC was granted a permanent permit according to the provisions of cl.(d) of sub-s.(3) s. 71 of the Act. It did not take steps for renewal of the permit. The petitioner''s application for a temporary permit was entertained. The STA has decided to grant him a permit.

The question is whether the STA was empowered to ask the petitioner to give an undertaking that the moment CSTC applied for a temporary permit for the route, he would discontinue his temporary permit.

In my opinion, nothing in the provision of cl.(d) of sub-s.(3) of s. 71 of the Act empowered the STA to put the condition. CSTC could be one of the applicants for a temporary permit. If in future CSTC applies for a temporary permit, its application will be considered according to the provisions of cl.(d) of sub-s.(3) of s. 71. It is only that it will be given a preference.

Nothing in the provisions of s. 71 or in any other provision of the Motor Vehicles Act, 1988 and the rules made thereunder empowered the STA to ask the petitioner to give the undertaking in question. The condition was illegally imposed and hence it is liable to be set aside. For these reasons, I set aside the impugned condition, allow the WP to this extent and direct the STA to proceed further with the matter according to its decision dated July 4, 2012. No costs. Certified xerox.