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2007 Supreme(Cal) 423

S.S.NIJJAR, DEBIPRASAD SENGUPTA
Sanjit Chakraborty – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Judgement

S. S. NIJJAR, C. J. :- This Letters Patent Appeal has been filed against the judgment of the learned single Judge dated 24-12-2003 in Writ Petition No. 18082(W) of 2003. The appellant is holder of a permanent stage carriage permit on the route Sonachandi Tea Estate of Siliguri-via-Kharibari, which was valid till 11th March, 2007. Respondent No. 2, State Transport Authority, West Bengal (hereinafter referred to as STA) had issued numerous permits covering two regions i.e. Jalpaiguri and Darjeeling. The petitioner challenged the issuance of such permits on the ground that the STA had no jurisdiction to issue such stage carriage permits on the routes (local services) covering the regions of Jalpaiguri and Darjeeling. The action of the State Transport Authority was stated to be in contravention to various provisions of the Motor Vehicles Act, 1988. Particular reference was made to Section 68(3)(b) and Section 69 of the Act. The petitioner objected to grant of such permits by making a representation on 1-11-2003. Since the objection raised by the petitioner had not been decided by State Transport Authority, the present writ petition was filed seeking a writ in the nature of man


























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