Public convenience is paramount when considering applications for route variations under the Motor Vehicles Act, mandating a reasoned decision by transport authorities.

JUDGMENT :

MADHURESH PRASAD, J.

1. The writ petition has been filed by the State assailing the order dated 20.08.2024 passed in WPO No. 781 of 2024.

2. The writ petitioner was holding a Stage Carriage Permit (hereinafter referred to as permit) for Route Mansukha to Howrah via Kharar, Ghatal, Mechogram, Kolaaghat, Uluberia. The said permit is bearing No. 192/10 issued by the State Transport Authority West Bengal (hereinafter referred to as the STA in Short). He made a request on 10.10.2018 for curtailment of some distance between Mansukha and Borda Chowkan. The respondents took no decision on such request for curtailment of the route for a long time.

3. Under a communication dated 17.12.2022 bearing No. TPT-2012(13)/9481/2022, the RTO and Assistant Director, STA, West Bengal rejected the petitioner’s request by assigning a reason that curtailment of the rout will fail to serve the service of the common people to and from Borda Chowkan to Mansukha to Howrah. The same was put to challenge by the writ petitioner in an earlier writ proceedings (WPA 7084 of 2023) and the same was disposed of on 4.09.2023 in the following terms:

“ The writ petition is disposed of directing the 2nd respondent herein to revisit the issue and take a resolution in this regard in the board meeting upon granting an opportunity of hearing to the petitioner, in accordance with law.

The entire exercise is expected to be completed within six weeks from the date of communication of this order.

There shall be no order as to costs.

Since no affidavit has been invited, allegation contained in the writ petitions shall be deemed not to have been admitted.”

4. Thereafter the issue was re-agitated by the petitioner along with copy of the order passed in the writ proceedings. The same resulted in issuance of a letter dated 08.12.2023, by Regional Transport Officer No. 5 communicating decision of the STA Board in its resolution dated 09.10.2023. Relevant extract of the decision reads:

“And whereas, in serial (i) in second proviso of sub-section (3) of Section 80 of MV Act, 1988 prescribed that the termini shall not be altered.

And whereas, in the said application of the permit holder is asking to change the termini.

Hence, after consideration, STA Board rejected the application for curtailment of the portion of Monsukha to Borda Chowkan in the route Howrah to Monsuka submitted by the permit holder Sri Arup Kumar Ghosh.”

5. Decision of the Board was assailed by the writ petitioner in a writ proceedings. WPA 1133 of 2024 filed by the petitioner was allowed. The resolution of the STA Board dated 09.10.2023 was set aside and the respondents were again directed to revisit the issue and conclude the same by a reasoned decision within a stipulated time frame. WPA 1133 of 2024 was disposed of on 10.05.2024.

6. In compliance of the order passed in WPA 1133 of 2024 the Regional Transport Authority Ghatal revisited the issue by a reasoned ordered dated 14.06.2024. The authority decided not to allow the curtailment of the route since such curtailment will not serve the convenience of the public. The order dated 14.06.2024, is put to challenge in the present writ proceedings, reads:

“Whereas, in accordance with sub-section (3) of section 80 of MV Act 1988, states that "Any such variation or extension within