The main legal point established is that the notifications and notices issued by the authorities were within the authority of the MV Act and the Rules, and were upheld by the court.

JUDGMENT

Sabyasachi Bhattacharyya, J. - All the writ petitions arise from connected set of facts. The parent Notification dated March 13, 2012, which directed a change of Bus Terminal from Tinkonia in Burdwan to Nawabhat and Alisha, was published in the official gazette on April 12, 2012.

2. Subsequently, another notification was published by the District Magistrate, Burdwan on June 6, 2014, reiterating the 2012 Notification and declaring that the same would be strictly followed with effect from June 15, 2014. The said Notification, bearing no.2314/MV, was published, however, on October 31, 2014.

3. The District Magistrate again issued a notice on November 12, 2021 along with the Chairman of the Regional Transport Authority, Purba Bardhaman directing compliance of Notification No.2314/MV date June 6, 2014.

4. In compliance of the said Notification, the Burdwan District Bus Association, along with others, preferred a writ petition bearing WPA No.14171 of 2021 which was disposed of by a co-ordinate bench of this Court on September 14, 2021, directing the District Magistrate, Purba Bardhaman to consider the representation of the BDA date January 29, 2021.

5. Such order was complied with and upon a meeting being held in compliance therewith, the District Magistrate, Purba Bardhaman passed an order on October 28, 2021 directing the Notification No.2314/MV dated June 6, 2014, published on October 31, 2014, to be strictly followed. The Secretary, RTA was directed to issue a general notice to all concerned permit holders under his jurisdiction, that is, Purba Bardhaman to change or modify their termini from Burdwan to Nababhat bus stand or to Alisha bus stand, as the case may be, by November 30, 2021 from the Motor Vehicles Section, Purba Bardhaman.

6. On November 12, 2021, the District Magistrate, Purba Bardhaman and the Chairman, RTA, Purba Bardhaman issued a notice directing all permit holders to modify the termini of their respective permits accordingly in terms of the Notification dated June 6, 2014.

7. On November 16, 2021, the Secretary, RTA, Purba Bardhaman, vide memo no.1752/MVPBDN, directed the bus owners associations to comply with the Notification dated June 6, 2014.

8. The writ petitioners in most of the cases are long distance bus operators whose routes run through Burdwan Town, Purba Bardhaman who are aggrieved by the implementation of the Notification dated June 6, 2014. It is submitted by the said petitioners that whereas the RTA, Purba Bardhaman was to give one month's notice under Section 72(2)(xxii) of the Motor Vehicles Act, 1988 (for the sake of brevity, 'the MV Act'), a much shorter notice was given in the instant case.

9. It is further contended by the writ petitioners that whereas the appropriate authority to take action under Sections 115 and 116 of the MV Act is the State, the District Magistrate issued such notification in the present case without having any authority to do so.

10. Moreover, the impugned notices dated November 12, 2021 and November 16, 2021, issued by the District Magistrate and the Secretary, RTA, Purba Bardhaman respectively, were not published in the Official Gazette as required under Sections 115 and 116 of the MV Act.

11. It is submitted that the respondent-Authorities curtailed the respective permits with regard to the routes of the long distance operators without complying with the provisions of Sections 72, 86, 115,116 and 212(2) of the MV Act.

12. Learned counsel for the long distance operators also contends that the operators plying within Burdwan Town, particularly the added respondent in WPA No.20632 of 2021, are not valid permit holders.

13. It is further argued that it is the State Government which may notify rules prohibiting picking up or setting down of passengers in stage carriages within the contemplation of Section 96(2)(xxi) of the MV Act.

14. The respondent-Authorities argue that the District Magistrate, by notification in Official Gazette or erection of traffic sign, or both, can p