(1.) THIS appeal is directed against the judgment dated 14. 5. 2007 passed by a learned Single Judge of this Court in W. P. No. 1395 of 2006 (GA No. 619 of 2007) [abdurrahim Mondal and Ors. vs. State of West Bengal and Ors. ] holding that all steps taken by the respondent No. 6 (State Transport Authority, Government of West Bengal) on the basis of applications submitted suo motu on 17. 07. 2006 by the appellants, shall be deemed to be quashed. The learned Judge also quashed the resolution granting permits to the appellants but observed that nothing in the judgment would prevent the State transport Authority, Government of West Bengal (hereinafter referred to for the sake of brevity and precision as the STA) and the appellants from taking fresh steps in accordance with law for the grant of Stage Carriage Permits for the route in question.

(2.) LET it be recorded that interlocutory application being GA No. 619 of 2007 was filed by he private respondents herein praying for modification of the order dated 7. 2. 2007 passed by another learned Single Judge of this Court who, while taking note of the submissions of the State respondents to the effect that no offer letters had been issued to the appellants till then, directed that in the event such offer letters had been issued to the appellants then the parties would maintain status quo as on that day i. e. 7. 2. 2007. This order is at running page 105 of the Paper Book.

(3.) THE facts which are necessary to be dealt with are that the aforementioned writ petition being W. P. 1395 of 2006 (hereinafter referred to as the instant writ petition) was filed by the respondent Nos. 1 to 4 who challenged the action of the STA, West Bengal in entertaining the applications of the appellants by which they had prayed for the grant of Stage Carriage Permits for an interregional route, Nabadwip to Burdwan.

(4.) THEIR case before the learned Single Judge was that in view of the notification dated 16. 2. 2006 issued by the Government of West Bengal and in the absence of any recommendation from either of the two Regional Transport authorities (hereinafter referred to for the sake of brevity as the RTA), the sta had no authority to enterain and consider the applications filed by the appellants for grant of Stage Carriage Permits for the aforesaid inter-regional route, Nabadwip to Burdwan.

(5.) THESE applications were filed suo motu on 17. 7. 2006 without the STA having called for applications from interested operators. The respondent Nos. 1 to 4 came to learn about such applications and they therefore filed their objection/representation on 18. 8. 2006 contending, inter alia, that in the absence of any recommendation from either of the two Regional Transport Authorities (Nabadwip and Burdwan), the STA was totally incompetent to consider the said applications filed by the appellants. According to the respondent Nos. 1 to 4 (before the learned Single Judge), their objections/representations were ignored whereafter they sent legal notice dated 21. 8. 2006 but even then, the sta ignored the same and proceed to consider the applications on 22. 8. 2006 and resolved to grant permits to the appellants. Thereafter the instant writ petition was filed on 11. 9. 2006. It appears from the impugned, judgment/order of the learned Single Judge delivered on 14th May, 2007, that initially, an order of restraint was passed but that was subsequently varied in view of the fact that the permits had already been issued and therefore balance of convenience and inconvenience called for an order permitting appellants to operate their vehicles subject to the result of the writ petition.

(6.) ON the basis of the aforementioned facts, the learned Single Judge observed that the first question that fell for his decision was as to whether, the petitioners (respondent Nos. 1 to 4 herein) had the locus standi to question the action of the STA? the learned Single Judge answered the aforementioned question in the affirmati