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DIPANKAR DATTA
Arun Barua – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Petitioners:Mr. Murari Mohan Das and Mr. Mrinal Kanti Sardar, Mr. Sanat Kumar Roy and Mr. Baidurya Ghosal, Mr. Sankar Nath Mukherjee, Mr. Mukunda Lal Sarkar, Advocate.
For the State in Several :Mr. Pantu Deb Roy, Mr. Debabrata Saha Roy, Mr. Jahar Datta, Mr. Ashis Kumar Guha, Mr. Naren Ghosh Dastidar, Mr. Subrata Guha Biswas, Mr. Jaladhi Das, Mr. Suprabhat Bhattacharya, Mr. A. Sikdar, Ms. Sipra Majumder, Mr. J. P. Chatterjee, Mr. Subhabrata Datta, Mr. S. P. Dalapati, Mr. Debashis Sarkar, Mr. A. Rakshit, Mr. Bhakti Prasad Das, Mr. Kamalendu Ghose, Mr. Raja Ghosh, and Mr. Siddhartha Ruj, Advocates.

JUDGMENT :

Dipankar Datta, J.

1. The petitioners in this batch of writ petitions had applied for permits before various Regional Transport Authorities (hereafter the RTAs) to operate auto rickshaws. All such applications have been rejected by resolutions of diverse dates, referring to a notification dated January 29, 2010 issued by the State Government. The challenge in all these writ petitions is to such notification together with the separate resolutions rejecting the applications for permits.

2. Noticing that common questions of law and fact were involved, the writ petitions were heard analogously; they shall stand disposed of by this common judgment and order.

3. For facility of reference, the notification dated January 29, 2010 in its entirety is reproduced below:

NOTIFICATION

No: 268-WT/3M-01/2010 Pt. I

Date: 29/01/2010

WHEREAS the State Government in the Transport Department framed a policy for granting of permit to 3-wheeled auto-rickshaws under notification No. 4786- WT/3M-49/2001 Pt. I dated 19th October 2004, the main features of which inter alia are quoted below:

"AND WHEREAS the Government in the Transport Department has been considering various aspects involved in the matter o



































































































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