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IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Apu Sinha – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. background of the cancellation of transport permit (Para 1 , 2) |
| 2. arguments regarding exorbitant fine imposition (Para 3 , 4) |
| 3. state's argument on habitual violations (Para 5 , 6) |
| 4. court's findings on permit violations and proposed fine (Para 7 , 8 , 9 , 10) |
| 5. deterrent measures for repeated traffic violations (Para 11 , 12) |
| 6. distinction of case law on repeated offences (Para 13 , 14 , 15) |
| 7. conclusion on dismissal of writ petition (Para 16 , 17) |
Judgment :
Om Narayan Rai, J.
1. This writ petition assails an order dated April 21, 2025 passed by the Board of the State Transport Authority, West Bengal.
2. The facts of the case as may be culled out from the material on record are as follows:-
a) The petitioner owns a bus. It was thus far being plied on the route Sonakania to Karunamoyee on the strength of an Inter-Regional State Carriage Permit issued in his favour.
b) On or about April 22, 2024, the petitioner’s vehicle was unauthorisedly halted by the petitioner’s own staff at CBT, Esplanade. Since the halt was in violation of the permit conditions, a fine of Rs. 10,000/- was imposed on the petitioner by a challan dated April 22, 2024.
c) Subsequently, a Memo bearin
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....
Permits granted under the Motor Vehicles Act remain valid during appeal periods, negating tax demands for operating without valid permits.
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.
Compliance with statutory provisions and unreasonable delay in challenging administrative actions.
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