JUDGMENT :

Smita Das De, J.

1. Both the writ petitions are heard together and disposed of accordingly by a common order, as the issue pertains to plying of vehicles of the writ petitioners herein, in the route No. 71 running from Howrah to Saltlake.

2. For the sake of convenience and in order to effectively address the issue involved herein, the facts relevant for adjudication are being culled out and taken from WPA No. 27700 of 2025.

3. The petitioner in the instant case challenges inter alia, the resolution dated September 24, 2025 resolved under agenda no. 4, refusing to issue the order of replacement of the old vehicle and the renewal of the permit of the new vehicle in respect of the route no. 71 running from Howrah to Salt Lake hereinafter referred to as the said route.

4. Apropo the facts of the case, the petitioner is a permanent stage carriage permit holder of the said route being PSTP No. 029/71/NEW/2010.

5. Initially the said permit stood in the name of one Pradeep Singh. Subsequently, the same was transferred in the name of the petitioner with the prior consent of the erstwhile owner and the permit was accordingly renewed by extending the period of validity of the permit by the respondent authorities.

6. The petitioner took steps for replacement of the old vehicle with a new BS-III norms complained vehicle. The petitioner purchased a new vehicle on hire purchase by taking a loan from West Bengal Transport Infrastructure Development Corporation Ltd. (hereinafter referred to as WBTIDCL for the sake of brevity and convenience).

7. Thereafter, the petitioner produced the new vehicle before the authority concerned for the renewal of the permit and replacement of the old vehicle with the new vehicle since the validity period of the permit was about to expire on February 21,2025.

8. In the meantime one Shobha Singh (being the private respondent herein) filed a Writ Petition being WPA No. 4949w of 2018 before this court on March 26, 2018. A representation was made before the respondent authorities for grant of permanent stage carriage permit in respect of a vacancy created in the route No. 71 due to non-plying of the vehicle of a Bus No. WB04E-3525 (WBTIDCL Bus).

9. In pursuance of an order dated September 3,2018 passed by the Coordinate Bench of this Court in WPA 4949 of 2018 directing inter alia, the respondent No. 2 to consider the representation of the private respondent dated March 26, 2018 for ascertaining as to whether the writ petitioner herein has been plying the vehicle in the said route or not.

10. The RTA Board, Kolkata took a resolution and rejected the prayer of the private respondent on November 15, 2018 on the ground of there being ‘no vacancy’ in the route No. 71.

11. A further Writ Petition was filed before this Court by the private respondent challenging inter alia, the order of rejection passed by the RTA Board on April 9, 2019. Upon considering the same the Coordinate Bench of this Court further directed the respondent No. 2 to take a fresh decision on the issue as prayed for by the private respondent. Subsequently the RTA Board again rejected the prayer of the private respondent on the ground of “no vacancy” in the route No. 71.

12. A further Writ Petition was filed by the private respondent in WPA No. 17233 of 2019 assailing the Resolution of RTA Board dated May 6, 2019 wherein the Coordinate Bench was pleased to set aside the said resolution directing inter alia, for fresh consideration in the light of the order already passed on April 9, 2019 in WPA 4578 of 2019.

13. Subsequently the prayer of the private respondent was further rejected on October 10, 2023 on the self-same ground i.e. ‘no vacancy’ in route No. 71.

14. In the meantime the private respondent initiated a Contempt Proceeding against the respondent No. 2 for non-compliance of the order dated March 31, 2023 passed in WPA 17233 of 2019 of this court.

15. In pursuance of such Contempt Proceedings the RTA Board took a fresh resolution on November 9, 2023 b