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IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Ashok Kumar Gorain – Appellant
Versus
State of West Bengal – Respondent
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, Jharkhand on January 16, 2025 for a period of 5 years till January 19, 2029 with effect from January 20, 2024.
c) Having thus renewed the permanent stage carriage permit of the petitioner, the Secretary, State Transport Authority, Jharkhand issued a Memo being Pari-Ayu-1462/2008/STA dated January 16, 2025 to the Secretary State Transport Authority, West Bengal thereby indicating that the permanent stage carriage p
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....
Compliance with statutory provisions and unreasonable delay in challenging administrative actions.
The court upheld the validity of vehicle permit conditions as per statutory rules, rejecting challenges against the age limit for replacement and confirming adherence to the applicable Motor Vehicles....
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