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2003 Supreme(Cal) 311

SAMARESH BANERJEE, P.N.SINHA
RANJIT KUMAR LAHIRI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
C.BANERJI, N.I.Khan

BANERJEA, J.

( 1 ) THE present appeal has been preferred against an order dated 13th February, 2002 passed by a learned Single Judge of this court rejecting the contention of the appellant that the Regional Transport authority cannot insist as to the model of the Vehicle.

( 2 ) ADMITTEDLY, the writ petitioner was issued with an offer letter by the Regional Transport Authority, Nadia in the matter of grant of permit in the Route No. 27 (Manchrapara to Birohi) via Kalyani Railway Station, on 11th of August, 1999. One of the conditions imposed in the said offer letter was that the appellant should produce Bus of current model/brand new bus. The other condition imposed in the said letter was that the permit holder should be the owner of his/her vehicle.

( 3 ) THE petitioner thereafter made a representation to the Secretary of the said Regional Transport Authority contending inter alia, in view of the decision of the High Court in the case of Somnath Sinha v. Ajoy Sinha and Ors. , reported in 1996 (2) C. L. T. page 281, he will be entitled to place a hired or leaded vehicle.

( 4 ) THE further contention of the petitioner was that in view of the provisions of the Motor Vehicles Act,







































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