The RTA does not have the authority to convert a contract carriage permit to a stage carriage permit as there is no statutory provision for such conversion.

The Court :- Heard learned Advocate appearing for the parties.

2. All these three appeals arose out of the same judgment dated 20th September, 2006 passed in WA 1401 of 2006 by the learned Trial Judge. Hence all these three appeals are taken up for analogous hearing. As all appeals are relating to the same order, we are modifying the earlier order of filing the paper book as one paper book will suffice to pass the judgment which has been filed in one appeal.

3. By the impugned judgment under appeal the learned Trial Judge directed that the Regional Transport Authority should make necessary endorsement on the permit and on the certificate of registration of the vehicle concerned or issue a stage carriage permit following the procedure if such conversion has not already taken place. The impugned judgment reads such :

“This writ petition is disposed of with a direction that if the writ petitioner has a valid

permit, namely, either contract carriage permit or stage carriage permit, the writ petitioner should be allowed to operate on the basis thereof and there should not be any unnecessary or illegal interference or obstruction to the petitioners’ right of operation whose vehicle is covered by a valid permit.

Mr. Banerjee submits that the authority concerned has already converted the contract carriage permit into a stage carriage permit. It is directed that the authority concerned should make the necessary endorsement on the permit and on the certificate of registration of the vehicle concerned or issue a stage carriage permit following the procedure, if such conversion has not already taken place within a reasonable time and in any event within a period of four weeks from the date of communication of this order.”

4. On reading the judgment under appeal and the writ application it appears that the Association of Three Wheelers Passengers Transport Vehicles Operators moved the writ application praying for the following reliefs :-

“a) A Writ in the nature of Mandamus commanding the Respondents, their men and agents to cause endorsement in the certificate of Registration “stage carriage” in terms of Memo dated 12.6.2006 regarding stage wise fare structure ;

b) A further writ in the nature of Mandamus commanding the Respondents, their men and agents to show cause as to why tax should not be accepted as provided for stage carriage in terms of the Memo dated 12.6.2006;

c) A writ in the nature of Certiorari calling upon the Respondents to bring all the relevant documents relating to this matter before this Hon’ble Court so that conscionable justice may be done;

d) Injunction restraining the Respondents No. 8 and 9 from interfering with the plying of the vehicles of the petitioners in terms of Memo dated 12.06.2006;

e) Rule NISI in terms of prayers (a), (b), (c) and (d) above ;

f) Rule be made absolute should respondents fail to show cause, or sufficient cause ;

g) Interim order of Injunction restraining the Respondent Nos. 8 and 9 and their men and agents interfering with the plying of the vehicles of your petitioners in accordance with Memo dated 12.6.2006 issued for charging stage wise fare ;

h) Ad-interim order in terms of prayer (g) above ;

i) Such further order or orders as Your

Lordships may deem fit and proper.”

In the writ application it is a positive case that the writ petitioners is the Association of Transport Vehicles Operators who are plying their vehicles three wheelers on the basis of contract carriage permit. They prayed for conversion of such contract carriage permit to stage carriage permit. In that angle the impugned judgment was passed directing such conversion. To test the legality and validity of the impugned judgment in appeal we have to consider the statutory provisions first to identify the nature of different permits viz., stage carriage and contract carriage. Sections 70, 71 and 72 deals with the procedure of filing application, consideration of such application and grant of permit viz., stage carriage