B. BHATTACHARYA, J.

( 1 ) BY this writ application, the writ petitioner, an existing permit holder, has prayed for direction upon the Secretary, Transport Department and the Secretary, State Transport Authority to dispose of the objection raised by the petitioner against issue of Stage Carriage Permits in the routes covering the area within the regions of Jalpaiguri and Darjeeling by the State Transport Authority.

( 2 ) MR. De, the learned counsel appearing on behalf of the State/respondent, has raised a preliminary objection as regards maintainability of the instant writ application on the ground of absence of locus standi of the petitioner, an existing permit holder, in view of the decision of the Supreme Court in the case of Mithilesh Garg v. Union of India and Anr. , reported in AIR 1992 SC 443. According to Mr. De, the petitioner, an existing permit holder, cannot dispute the grant of permit to other permit holder in the route even if the same is in contravention of the provisions contained in Motor Vehicles Act.

( 3 ) MR. Samanta, the learned counsel appearing on behalf of the petitioner, has opposed the aforesaid contention of Mr. De and has contended that the petitioner

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