W.P. 7664 (W) of 2015 and 14338 (W) of 2012. Case: Addya Shakti Transport Co. and Ors. Vs State of West Bengal and Ors.. High Court of Calcutta (India)
| Case Number | W.P. 7664 (W) of 2015 and 14338 (W) of 2012 |
| Counsel | For Appellant: Sattwik Bhattacharyya, Adv. and For Respondents: Amal Kumar Sen and Bhaskar Nandi, Advs. |
| Judges | Subrata Talukdar, J. |
| Issue | Civil Procedure Code |
| Judgement Date | January 31, 2017 |
| Court | High Court of Calcutta (India) |
Judgment:
Subrata Talukdar, J.
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The above noted analogous writ petitions, alongwith other writ petitions, which shall emerge from the discussion hereinbelow, collectively constitute a batch of litigation taken to their extreme lengths to contest for an inter-State Transport Permit between Kolkata to Chatra in Jharkhand via Burdwan, Durgapur and Hazaribagh (for short the said Route and the said Permit). Fanning the heat is the feigned indecisiveness of the State Transport Authority (for short STA), West Bengal to level the playing field and select the eligible applicant. The STA almost appears to be playing along with the litigation.
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Briefly stated the facts in the writ petitions are as follows:-
i) That the writ petitioner, M/s. Addya Shakti Transport Company submitted an application on 14th December, 2000 for a permanent permit on the said Route.
ii) The application of the writ petitioner was considered by the STA at its meeting dated 21st March, 2006. Such application was rejected as, in respect of the two vacancies on the said Route, two applicants stood already selected prior to 21st March, 2006. According to the STA, the selection was done on the basis of the applications received up to 25th April, 2005 in response to an advertisement made on 5th August, 2004.
Therefore, an earlier writ petition being WP 1240 of 2006 was disposed of by the Court on 16th April, 2007 with a direction to reconsider its decision by the STA dated 21st March, 2006 by giving an opportunity of hearing to the present writ petitioner.
iii) In compliance with the order dated 16th April, 2007, the petitioner was heard by the STA and, on 29th May, 2007 Permit was granted in favour of the petitioner although, according to the STA, no vacancy was available on that date. Based on the Permit an offer letter was issued to the petitioner and the petitioner complied with the formalities by depositing the Permit fees etc. However, due to absence of vacancies no Permit could be ultimately granted to the petitioner.
iv) WP 6292(W) of 2009 became the next writ petition filed by the writ petitioner challenging the non-issue of the Permit. WP 6292(W) of 2009 was disposed of by the Court on 4th of August, 2009 with a direction that the Permit be issued in favour of the petitioner if there is no legal impediment. The stand of the STA at the material point of time was that against two vacancies two Permits already remained valid.
v) The STA thereafter decided at its meeting dated 8th November, 2007 to issue a temporary Permit in favour of the petitioner after obtaining the necessary reciprocal concurrence from the State of Jharkhand as provided under The Motors Vehicles Act, 1988 (for short the 1988 Act). The petitioner, however, declined to accept the temporary permit and...
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