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2012 Supreme(Cal) 924
CALCUTTA HIGH COURT
JAYANTA KUMAR BISWAS, J.
Mita Ghosh
Vs
State of West Bengal & Ors
W. P. No. 451 of 2012
Decided On : 12/10/2012
An offer letter issued by the STA for the grant of a permit cannot remain alive beyond six months from the date the permit was granted, as per Rule 141 of the West Bengal Motor Vehicles Rules, 1989.
Headnote:
MOTOR VEHICLES ACT - GRANT OF PERMIT - R. 141 - WEST BENGAL MOTOR VEHICLES RULES, 1989 - Court held that the petitioner is not entitled to any relief as the offer letter issued by the STA could not remain alive beyond six months from the date the permit was granted.
Fact of the Case:
The petitioner had applied for a permanent stage carriage permit in 2003. The STA issued an offer letter in 2004, but the permit was not issued. The petitioner submitted representations and the STA gave a decision in 2011 asking her to comply with certain conditions.
Finding of the Court:
The court held that the offer letter could not remain alive beyond six months from the date the permit was granted, as per Rule 141 of the West Bengal Motor Vehicles Rules, 1989. The court also held that the petitioner did not enforce her right created by the offer within the statutory life of the offer and hence she is not entitled to any relief.
Issues: Whether the petitioner was entitled to call upon the STA to issue the permit on the basis of the offer letter dated January 22/29, 2004.
Ratio Decidendi: The court held that the offer letter issued by the STA could not remain alive beyond six months from the date the permit was granted, as per Rule 141 of the West Bengal Motor Vehicles Rules, 1989. The court also held that the petitioner did not enforce her right created by the offer within the statutory life of the offer and hence she is not entitled to any relief.
Final Decision: The court dismissed the petition.
The Court : The petitioner in this W.P. under Art. 226 of the Constitution dated May 17, 2012 is questioning a decision of the State Transport Authority, West Bengal dated November 9, 2011 (WP p. 41) and seeking a mandamus commanding the STA to issue a permit without insisting on her complying with the conditions mentioned in the decision.
2. The petitioner submitted an application dated February 25, 2003 for the grant of a permanent stage carriage permit for the inter-regional-route Balarampur to Kolkata. By a decision dated January 13, 2004 the STA decided to grant her a permanent stage carriage permit for the route. Accordingly, the Deputy Secretary of the STA issued an offer letter dated January 22/29, 2004 (W.P. p.23).
3. The offer letter January 22/29, 2004 was issued by the STA in the discharge of its statutory obligation created by R. 141 of the West Bengal Motor Vehicles Rules, 1989. It was mentioned that the offer would remain valid for 30 days from the date of receipt thereof. In view of the provisions of R. 141, the life of the offer could be extended by the STA upto six months.
4. The case of the petitioner is this. She complied with the terms and conditions of the offer letter, but the STA did not issue the permit. She submitted representations. The Deputy Secretary of the STA wrote a letter dated March 14, 2011 asking her to produce documents that she had complied with the terms and conditions of the offer within its life. She produced evidence, and then the STA gave the impugned decision.
5. The decision of the STA dated November 9, 2011 is quoted below :
It was found that on examination of records that the petitioner was issued with offer letter in January 2004 but no permit was issued. Applicant stated that she submitted required documents in compliance with the O/L but the permit was not issued. From the office records it appeared that the petitioner submitted required documents but somehow the permit was not issued inadvertently.
After detailed discussion and examining the records it was considered by the STA that the application was received on 25-2-2003 and O/L was issued on 22-1-2004. At that material point of time no restriction within the areas CBD was in existence and therefore STA decided to grant the permit in favour of the petitioner subject to placement of BS-IV compliant bus registered in the name of the petitioner.
6. Counsel for the petitioner has argued as follows. The conditions mentioned in the impugned decision dated November 9, 2011 are contrary to the terms and conditions of the offer letter dated January 22/29, 2004. Since the petitioner was not at fault, the STA was under a statutory obligation to issue the permit according to the terms and conditions mentioned in the offer letter dated January 22/29, 2004.
7. The question is whether the petitioner was entitled to call upon the STA to issue the permit on the basis of the offer letter dated January 22/29, 2004.
8. The offer letter dated January 22/29, 2004 was issued in the discharge of a statutory obligation of the STA that was to enforce its own decision dated January 13, 2004 to grant the petitioner a permanent stage carriage permit for the route mentioned in her application dated February 25, 2003. The life of the offer was a statutory one, and it could not remain alive beyond six months from the date the permit was granted. This is the position created by R. 141.
9. Rule 141 of the West Bengal Motor Vehicles Rules, 1989 is quoted below :
141. Every permit must contain the Registration Mark(s) of the vehicle(s) which shall ply by virtue of the permit granted and during the period prescribed by the Transport Authority granting the permit in the Offer Letter which shall not normally exceed one month from the date on which the Offer Letter is issued, the grantee must produce the documents in respect of the vehicle(s) showing that he is in possession of the vehicle(s) as owner thereof and the change of address of vehicle(s) concerned has been
