The authority may modify transportation permits for traffic management without violating fundamental terms, and such modifications are legally justified if properly reasoned.

JUDGMENT :

Rai Chattopadhyay, J.

(1) The petitioners in this bunch of writ petitions are the stage carriage operators, who have been issued permit by the Regional Transport Authority, Burdwan and ply their vehicles within the district, including the route spreading through the Burdwan Town. A notification issued by the District Magistrate Burdwan is pertinent in this case. The same is dated June 6, 2014. The said notification speaks of decision of a meeting held on June 2, 2014, in presence of the Minister-in-Charge and the Chairperson BDA, the Chairman Burdwan Municipality and all bus-owner’s associations. The unanimous decision was that on and from June 15, 2014, no buses will ply through old Grand Trank Road, inside the Burdwan town, except the ‘Town Service’ and the ‘School Buses’. Hence, in exercise of power conferred under section 96(2)(xxii) of the Motor Vehicles Act, 1988, read with Rule 182 of the West Bengal Motor Vehicles Rules, 1989, the District Magistrate directs in the said notification dated June 6, 2014, 'that all buses plying through the Burdwan Town, shall in stead of their present movement status, hence forth operate from Nawabhat and Alisha bus stand respectively'. All previous orders were superseded and directions in the said notification dated June 6, 2014 have been made effective from June 15, 2014.

(2) The petitioner’s case specifically rests on the provisions made and mentioned in the 9^th paragraph of the said notification, which provides that 'These buses shall henceforth utilize the stands at Nawabhat and Alisha, depending on their route permits, Long Route buses with permits issued by the State Transport Authority, West Bengal and Regional Transport Authorities (other than Burdwan) including SBSTC buses shall also come under the purview of this notification. ………' . According to the petitioners there has been an exception curved out from the general provisions of the notification that Nawabhat and Alisha bus stands have been provided for all, other than the transport, permit for which has been issued by the Regional Transport Authority, Burdwan. They claim that they fall within the said exception clause as their respective permits have been issued by the Regional Transport Authority, Burdwan.

(3) It is also pertinent here to mention the new scheme of movement of buses and the arrangement of stands, as provided in the said notification, which is extracted bellow:

“In the new scheme of movement of buses, the arrangement stands as follows :-

a) All buses entering into and leaving from Burdwan, from various routes like Durgapur, Asansol, Guskara etc. shall henceforth use Nawabhat bus stand (by no mean they will enter Burdwan Town through old G.T. Road);

b) All buses entering into and leaving from Burdwan, from various routes like Katwa, Kalna, Nabadwip, Krishnanagar etc, shall henceforth use Nawabhat bus stand via-Rly. Bridge, Mehedibagan but shall not enter into Burdwan Town area (left turn strictly prohibited at the end of Railway flyover during entry);

c) All buses entering into and leaving from Burdwan from various routes like Memari, Barsul, Shaktigarh, Jamalpur, Tarakeswar, Kolkata etc. shall henceforth use Alisha bus stand;

d) All buses entering into and leaving from Burdwan, from the Dakshin Damadar Section, various routes like Arambagh, Khandaghosh, Raina, Bankura etc. shall henceforth use the Alisha bus stand vial Telepukur More, NH-2 but shall not ent