Back
HIGH COURT OF CALCUTTA
Sinha
BALURGHAT KALIAGUNGE ASSN. - Appellant
Versus
S. T. A. - Respondent
Civil Revn. Case 38 Of 1955
Decided On : AUGUST 13, 1956
MOTOR VEHICLES ACT - INTER-REGIONAL ROUTE - ESTABLISHMENT AND GRANT OF PERMITS - PROCEDURE - ACT AND RULES TO BE FOLLOWED - DEVIATION FROM PROCEDURE - ORDERS AND PERMITS QUASHED BY WRIT OF CERTIORARI - MANDAMUS ISSUED TO FORBEAR FROM GIVING EFFECT TO THE SAME.
Fact of the Case:
The case involved a dispute over the establishment of an inter-regional bus route between Balurghat and Khejuriaghat, which spanned two districts in West Bengal. The Regional Transport Authorities (RTAs) of both districts were involved in the decision-making process, along with the State Transport Authority (STA) and the Appellate Sub-Committee. The issue arose due to the improper initiation and handling of the route establishment and permit granting process, which deviated from the procedures outlined in the Motor Vehicles Act, 1939, and the Bengal Motor Vehicles Rules, 1940.
Finding of the Court:
The court found that the entire process of establishing the inter-regional route and granting permits was conducted in complete disregard of the provisions of the Motor Vehicles Act and the Rules. The Appellate Sub-Committee, which is an appellate authority for decisions of the RTA, had no authority to initiate or establish an inter-regional route. The proper procedure, as per Rule 64 of the Bengal Motor Vehicles Rules, involved a joint conference between the concerned RTAs to decide on the route and permits. However, this procedure was not followed, and the Appellate Sub-Committee took upon itself to direct an investigation and make a decision, which was contrary to the law.
Issues: 1. Whether the Appellate Sub-Committee had the authority to establish an inter-regional route and grant permits. 2. Whether the procedure followed for establishing the route and granting permits complied with the Motor Vehicles Act and the Rules.
Ratio Decidendi: The court held that the Appellate Sub-Committee did not have the authority to establish an inter-regional route and grant permits, as this was the function of the RTAs and the STA, following the procedure laid down in Rule 64 of the Bengal Motor Vehicles Rules. The court emphasized the importance of adhering to the prescribed procedure to ensure proper decision-making and to safeguard the rights of all parties involved.
Final Decision: The court quashed all the orders, resolutions, and permits granted in relation to the establishment of the inter-regional route and the grant of permits. It issued a writ of certiorari to quash these decisions and a writ of mandamus directing the respondents to forbear from giving effect to the same. The court also directed that if the inter-regional route was to be established, it must be done in accordance with the law and the prescribed procedures.
( 1 ) THERE are three applications before me, viz. , Civil Revision Cases Nos. 139 of 1954, 37 of 1955 and 38 of 1955. These three Rules are based on facts which are common. I shall now state them briefly.
( 2 ) THERE is a Bus route, which starts from Balurghat in West Dinajpur and runs through Gangarampur-Baniadpur and touches Mehedipara which is on the border between the District of West Dinajpur and Malda. It then passes through Mehedipara and goes to Deutala and from there runs to Khejuriaghat, also known as Khejuliaghat, The distance from Balurghat to Khejuriaghat is 96 miles, being 56 miles in the Malda District and 40 miles in the District of West Dinajpur. The route also branches off within the District of West Dinajpur at Baniadpur and. proceeds upto the railhead at Kalia-gunj. Thus, a part of the two routes, namely, Balur-ghat-Khejuriaghat and Balurghat-Kaliagunj, is common.
( 3 ) IN or about February, 1952, the R. T. A. , West Dinajpur, invited applications for a route permit for a proposed new route, -- Balurghat to Deutola via Gangarampur. We know now that this route, in so far as it extended from Mehedipara to Deutola, is within the District of Malda and beyond the jurisdiction of the R. T. A. , West Dinajpur. It appears that at or about that time there was an existing inter-regional route, -- Khejuriaghat (Malda) to Gangarampur (West Dinajpur ).
( 4 ) ON or about May 6, 1952, the Malda Transport Co. Ltd. applied to the R. T. A. , West Dinajpur, for extension of the existing inter-regional route, upto Balurghat. On or about May 30, 1952, the R. T. A. , West Dinajpur, rejected this application.
( 5 ) I have already stated that the R. T. A. , West Dinajpur, had invited applications for a route permit in a proposed new route, -- Balurghat to Deotola. It must have subsequently discovered that part of the route was beyond its jurisdiction, and on October 31, 1952, the R. T. A. , West Dinajpur; without taking, steps necessary for that purpose under the Motor Vehicles Act, altered the proposal and sanctioned a new route, namely, Balurghat to Mehendipara, and granted four permits on the said route to the National Road and River Transport Co.
( 6 ) ON November 28, 1952, the Balurghat-Kaliagunj Bus Association preferred ari appeal against the said decision of the R. T. A. , West Dinajpur, to the Appellate Sub-Committee, This appeal was numbered as P-14 of 1952.
( 7 ) ON or about December 9, 1952, the Malda Transport Co. Ltd. preferred an appeal to the Appellate Sub-Committee against the order of the R. T. A. , West Dinajpur, dated May 30, 1952 mentioned above. This was numbered as Appeal No. P-16 of 1952.
( 8 ) ON April 7, 1953 the Appellate Sub-Committee began the hearing of the two appeals. On that date the Appellate Sub-Committee decided upon a course which is not warranted by the Motor Vehicles Act, 1939 or the Rules and this has given rise to all the complications in these matters. What it did was to direct the Commissioner, Presidency Division, who was one of its members, to investigate the question of an inter-regional route between Balurghat and Khejuriaghat, after consultation with the two R. T. As. of Malda and West Dinajpur and other interested persons. He was asked to report to the Appellate Sub-Committee.
( 9 ) ON April 28, 1953, the Commissioner, Presidency Division, held a joint sitting of the two R. T. As. On May 26, 1953 the Commissioner submitted a report. Thereafter, further hearings of the appeals took place. On September 29, 1953, the Appellate Sub-Committee passed the following order:"the Committee further considered the appeals No. P-14 and P-16. As recommended by the Commissioner, Presidency Division, the Committee found that the issue of any permits on the Balurghat-Menedipara Route was not justified but an interregional route between Balurghat and Khejuraghat was necessary for meeting the needs of the public. The Committee, therefore, set aside the order of the R. T. A. , dated
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
