Heard Mr. R.K. Bora, learned counsel appearing for the petitioner. Also heard Mr. P. N. Goswami, learned counsel appearing for respondent No. 8 as well as Ms. M. Bhattacharjee, learned State counsel, appearing for respondent Nos. 1 to 6.

2. Perused the office Note dated 04.12.2017, which goes to show that notices were sent to respondent Nos. 7 and 9 on 04.12.2017 by registered post with A/D.

3. Office note dated 15.03.2018 goes to show that A/D Card in respect of respondent No. 7 has been received back, but A/D Card has not been received back in respect of respondent No. 9.

4. Having regard to the period of time that has elapsed from the date of dispatch of notice to respondent No. 9 by registered post with A/D, service of notice upon the said respondent is presumed.

5. Service is complete.

6. As agreed to by the learned counsel for the parties, this case is taken up for final disposal at the admission stage itself.

7. The relevant facts necessary for the purpose of disposal of the writ petition are that the petitioner, which is a registered society, entered into a lease agreement with one Samser Ali in respect of a plot of land measuring 1 Bigha, covered by Dag Nos. 456, 457 and 458 of Periodic Patta No. 15 under Mayong Mouza, for running a bus stand, namely, Buraburi Anchalik Omni Bus Stand. The petitioner also applied for grant of an Agent’s Licence under Rule 51(1) of the Assam Motor Vehicle Rules, 2003 (for short, “Rules”).

8. It appears that one Motor Vehicle Inspect (MVI), namely, S. N. Gogoi, inspected the said plot of land pursuant to a letter dated 02.09.2015, issued by the Commissioner of Transport, Assam, and submitted a report (Annexure-4A) to the Commissioner of Transport, Assam. The report reads as under:

“I have physically inspected the site proposed by Burabuti Anchalik Omni Bus Stand Samity for granting Agents license as per your direction and found the following:-

1. The proposed site is at par with the annexed sketch map and located at Buraburi near daily market.

2. The plot of land measures 1 Bigha 0 Lessa covered by P.P. No. 15, Dag No. 456, 457, 458 at Kissam Buraburi under Mayong Mouza in the district of Morigaon.

3. The Passengers Waiting Room is adequately constructed with drinking water facility, Ladies and Gents separate toilet and urinal.

4. Parking area is adequate to accommodate at least 20 big buses.

5. N.O.C. issued by O.C. Mayong P.S., H.M. Buraburi High School, Secy.,

Buraburi G.P., Morigaon District Omni Tourist Transport Association submitted.

Since the proposed plot is adjacent to the P.W.D. Road connecting Jagi Bhakat Gaon and Mayong and also near Buraburi Junction it will be convenient to the traveling public of the locality if the permission is granted in that area as sought for.”

9. It is not very clear from the writ petition (no affidavit has been filed in this case by any of the respondents) as to what was the occasion for submission of another report by another MVI by the name of Utpal Gogoi. It appears that Utpal Gogoi, MVI, had also submitted report to the District Transport Officer, Morigaon, Assam, in respect of the bus stand in question. The report reads as under :

“1. The proposed site is at par with the annexed sketch map and located at Buraburi near Daily market.

2. The plot of land measures 1 bigha 0 lessa covered by P.P. No. 15 Dag No. 456, 457, 458 at Kissam Buraburi under Mayong Mouza in the district of Morigaon.

3. The waiting room for passengers is found adequately constructed having cloak room, drinking water facility and separate toilet and urinal for both gents as we as ladies.

4. The adequate accommodation of parking for at least 20 big buses/auto rickshaws/share taxis and Magic a together.

5. That I am also inclined to mention here that the proposed Omni Bus Stand is 30 Km. away from the office of the ASTC, Morigaon. It can also be said that there would be no traffic congestion due to the proposed stand.

6. That there is also provision to set up CCTV camera for observation.

7.