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2018 Supreme(Gau) 892

ACHINTYA MALLA BUJOR BARUA
Nagaon Jila Bus Paribahan Santha – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
S. Kataki, Adv.

JUDGMENT :

Achintya Malla Bujor Barua, J.

Heard Mr. S Kataki, learned counsel for the petitioners. Also heard Mr. J Roy, learned counsel for the respondent, Assam State Transport Corporation (for short, ASTC) and Mr. Y Dolloi, learned Standing counsel for the Transport Department of the Government of Assam.

2. The petitioner, which is an association of different bus operators is aggrieved by the communication dated 20.11.2017 of the Secretary to the Government of Assam in the Transport Department addressed to the Managing Director of ASTC by which it was informed that the Government had agreed to the proposal for grant of Letter of Authority to the ASTC for a period of 5(five) years under Rule 63 of the Central Motor Vehicle Rules, 1989 for operating authorized testing stations for issuing certificate of fitness of transport vehicles under Section 56 of the Motor Vehicles Act of 1988. Subsequent to such communication, another Notification dated 11.01.2018 was issued under the signature of the Commissioner and Secretary to the Government of Assam in the Transport Department by which it was provided that the Governor of Assam is pleased to accord approval to the ASTC for opening of fitn





































































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