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2016 Supreme(Cal) 922

BISWANATH SOMADDER
Bimal Kumar Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sakti Pada Jana, Advocate.
For the State :Mr. Amal Kumar Sen and Mr. Somnath Naskar, Advocates.

ORDER :

Affidavit of service filed in Court today be taken on record.

2. Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the only issue which falls for consideration in the facts and circumstances of the instant case is whether the rejection of the timetable proposed by the petitioner for plying of his vehicle bearing No. WB-31-7581 on the route 'Solepatta to Garia' is in accordance with the provisions of section 2 sub-section (38) and section 72 of the Motor Vehicles Act, 1988, read with Rules 118 and 133 of the West Bengal Motor Vehicles Rules, 1989, or not.

3. It appears from the facts of the instant case that the petitioner was granted permit to ply his vehicle on the following route:

"Route – Solepatta to Garia Station via Egra, Contai, Henria, Nandakumar, NH 41, Mechada, NH 6, Santragachi, Howrah CDBT, Vidyasagar Setu, Rabindra Sadan, Tollygunj, N.S.C. Bose Road."

4. Such permit was issued on 4th February, 2016 and is valid till 3rd February, 2021. A provisionally approved timetable was also issued, which was accepted by the petitioner by signing on the same without any demur or protest. Subsequently, by a letter dated




















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