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2006 Supreme(Cal) 151

JAYANTA KUMAR BISWAS
BENGAL BUS SYNDICATE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.PAUL, ALOKE GHOSH, ANINDYA LAHIRI, BALAI CHANDRA ROY, Biswapria Samanta, Debasish Gupta, DILIP SAMANTA, DIPANKAR DAS GUPTA, KRISHNAPADA PAL, MALA DUTTA, N.I.Khan, SWAPAN DUTTA

Jayanta Kumar Biswas, JJ.

( 1 ) THE Judgment of the Court was as follows : since in all these writ petitions vires of a provision of the West Bengal motor Vehicles Rules, 1989, Rule 88a, has been challenged, they have been heard together. In three writ petitions moved on the appellate side validity of a notification dated May 24th, 2005 issued under that Rule 88a has also been questioned.

( 2 ) THE rule was inserted by rule 2 of the West Bengal Motor Vehicles (Amendment) Rules, 2005. It reads as follows :"88a. Powers of the State Government to impose special conditions on permit restricting plying of transport vehicles (Passenger as well as goods) beyond a particular age and in any particular area of the State.-The State Government may by issue of notification to be published in the Official Gazette, direct the State Transport Authority or the Regional transport Authority, as the case may be, to impose such special conditions on issue of permits for transport vehicles as may deem fit restricting the plying of transport vehicles beyond particular age and in any particular areas of the State for safe movement of the vehicular traffic to avoid congestion and to reduce the level of au















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