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1992 Supreme(Cal) 357

BHAGAHATI PROSAD BANERJEE, BABOO LALL JAIN
Siliguri Inter District Minibus Owners' Association – Appellant
Versus
Bijon Krishna Bhowmick – Respondent


Advocates appeared:
Mr. Somen Bose, Malay Basu and D. K. Samanta ......for the Appellants
Mr. Asok De and Dipunkar Dulta ......for the Respondents No.1
Mr. N. I. Khan ......for the R. T. A.

Judgment :

Banerjee, J. :

The applicant presented this appeal with an application for leave to appeal as the applicant was not a party in the writ petition. This appeal is being preferred against the order dated 14th August, 1992. On 14th August, 1992, all interim order of injunction was passed by the learned Trial Judge. It is stated that in view of the said interim order the Regional Transport authority will convert the temporary permits into permanent permit in violation of the Motor Vehicles Act and the rules framed thereunder. It was alleged that originally some temporary permits were granted in respect of some vehicles and that the subsequent permit was issued in respect of some of the writ petitioners, wherein a new vehicle was substituted in place of the old vehicle and that it was alleged that such issue of temporary permit was in contravention of the provisions of Motor Vehicles Act and further it was alleged that the right conferred to file objection and representation against such grant of permanent permit under the provisions of West Bengal Motor Vehicles Rules, 1989 has been taken away. The question is whether leave could be granted to prefer an appeal against the ord














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