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IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Ashok Kumar Gorain – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner challenges refusal to renew permit. (Para 1 , 2) |
| 2. arguments address tax demands without countersignature. (Para 3 , 4 , 5 , 6 , 7 , 10 , 24) |
| 3. review of statutory provisions guiding permit renewal. (Para 8 , 11 , 12 , 13 , 19) |
| 4. interpretation of renewal and countersignature requirements. (Para 15 , 18 , 20) |
| 5. court rules against tax demand prior to countersignature. (Para 26 , 28) |
Judgment :
Om Narayan Rai, J.
1. This writ petition assails the refusal on the part of the State Transport Authority, West Bengal to countersign the renewal of the petitioner’s permit bearing no. PSTS - 14/09 (WB) for his Vehicle No. JH-09AR-0684 in respect of the route Ranchi to Chirkunda (extended up to Asansol) despite the same being forwarded to it by the State Transport Authority, Jharkhand as far back as on January 21, 2025.
2. Briefly summed up, the case run in the writ petition is as follows: -
a) The petitioner owns a vehicle bearing no. JH-09AR-0684 in respect whereof he had obtained a Permanent Stage Carriage Permit bearing no. P.S.TS.No.14/09(WB) from the State Transport Authority, Jharkhand.
b) Such permit was lastly renewed by the said State Transport Authority, J
Tax obligations cannot be imposed absent the requisite countersignature on interstate vehicle permits, with permit renewal constituting a fresh permit under the Motor Vehicles Act.
Permits granted under the Motor Vehicles Act remain valid during appeal periods, negating tax demands for operating without valid permits.
The central legal point established in the judgment is the mandatory requirement of reciprocal agreements between states for granting inter-State route permits, and the need for publication of any ch....
The Transport Authority can impose a deterrent penalty under Section 86(5) of the Motor Vehicles Act for repeated violations of permit conditions, and the absence of agreement on the penalty does not....
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