S/L 27

12.12.2025 Court No.10 Swd WPA 21986 of 2025 Abdul Fattar Koyal Vs.

The State of West Bengal & Ors.

Mr. Sattwik Bhattacharyya, Mr. Aashutosh Bhattacharyya, Mr. Titas Niyogi, Mr. Rohit Basak, Ms. Reshma Sharma.

… for the Petitioner.

Mr. Pantu Deb Roy, Ld. AGP, Mr. Goorav Das, Ms. Barnali Gupta.

… for the State.

Mr. Sanat Kumar Roy, Mr. B. Ghosh.

… for the Respondent No.4.

1. The learned Counsels for both the parties have been heard at length.

2. In the instant case, the petitioner is a transport operator of vehicle No.WB41F 4445 who has been granted one permit being No. P. St. P. 11/2013-14 on the inter-regional route from Memari to Fider Road via- Mosagram, Jamalpur, Surekalna, Dasghora (2 Up and 2 Down Trips), by the RTA Purba Bardhaman in the year 2013, and as per Resolution of the RTA Board Meeting dated 18.05.2017 the said route of the petitioner has been extended upto Tarakeshwar. The petitioner's said permit being No. P. St. P. 11/2013-14 was renewed lastly on 14.12.2023 for a further period till

11.12.2028 approved by the RTA, Purba Bardhaman, in favour of the petitioner.

3. Main grievance of the petitioner is that the permit of the private respondent was granted by State Regional Transport Authority for the route from Krishanagar to Tarakeswar via nabadwip, Dhatrigram, Samudragarh, Satgachia, Memari, Jamalpur, Dashghara. As per First Proviso to Section 69 of the Motor Vehicles Act, 1988, the Regional Transport Authority is the competent authority to issue any permit in respect of inter regions stage carriage permit attaching two or more districts, which is reproduced below:-

“Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles:”

4. The learned Counsel for the private respondent submits that Section 68 of the said Act contemplates that both the authorities are competent enough to consider the application for grant of permit for using the vehicle in two or more region lying in the same State.

5. The private petitioner relies upon Section 68 Sub-Section 3(b) which is reproduced below:

“to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions;”

6. In such context a gazetted notification dated

4th July, 2025 is relied upon by the private respondent which is reproduced below:

“After a careful examination of all related aspects, the Governor is hereby pleased to order that, henceforth, in partial modification of the earlier orders issued by the Transport Department, Government of West Bengal, applications for permits for issuance of all stage carriage vehicles, that would ply in three contiguous regions within the State, will be made to the RTA of the region in which the major portion of the proposed route alignment or area lies. In case the portion of the proposed route or area in each of the regions is approximately equal, application shall be made to the Regional Transport Authority of the region in which it is proposed to ply the vehicle or vehicles. Application may also be made before the State Transport Authority, West Bengal for any route covering three districts or more.

It is also hereby ordered that the concerned State Transport Authority (STA) or Regional Transport Authority (RTA) shall issue, modify or renew a permit for the routes formulated by them and covering more than two districts. Where the stage carriage permit is issued by a Transport Authority, the time- table must be framed in consultation with the Regional Transport Authority