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IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Apu Sinha – Appellant
Versus
State of West Bengal – Respondent
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 bearing No. 443/STA/SC dated July 3, 2024 was issued by the Secretary, State Transport Authority, West Bengal whereby the petitioner was directed to show-cause as to why should the petitioner’s permit not be cancelled for violation of the permit conditions.
d) The petitioner failed to give any suitable reply to the said show- cause notice as the petitioner had allegedly not received the same within time. Consequently the Secretary, State Transport Authority, West Bengal issu
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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