Calcutta High CourtSankar Kumar Das vs State Of West Bengal & Ors on 26 July, 2010Author:Indira BanerjeeBench:Indira BanerjeeORDER SHEET
                      W.P. No.944 of 2010
          IN THE HIGH COURT AT CALCUTTA
         CONSTITUTIONAL WRIT JURISDICTION
                   ORIGINAL SIDE
                            SANKAR KUMAR DAS
                                -Versus-
                            STATE OF WEST BENGAL & ORS.

                            Mr. A.K. Bera with Mr. S. Bhattacharjee,
                            Ms. A. Bera & Ms. S. Chatterjee,
                            Advocates,
                                 ...     for the petitioner.
                            Mr. Dipak Das, Advocate,
                                 ...     for the state respondents.Before

The Hon'ble Justice
    INDIRA BANERJEE

26.07.2010


      In this writ application, the petitioner has sought orders on the

respondent State Transport Authority to issue a Stage Carriage

Permit to the petitioner to operate a vehicle as specified in his

application.Section 80(1) and (2) of theMotor Vehicles Act, 1988provide as

follows :"80. Procedure in applying for and granting permits (1) An

      application for a permit of any kind may be made at any time.2(2)   A   Regional   Transport   Authority,   State   Transport

     Authority or any prescribed authority referred to in sub-section

     (1) ofSection 66shall not ordinarily refuse to grant an

     application for permit of any kind made at any time under this

     Act.Provided that the Regional Transport Authority, State

     Transport Authority or any prescribed authority referred to in

     sub-section (1) ofsection 66may summarily refuse the

     application if the grant of any permit in accordance with the

     application would have the effect of increasing the number of

     stage carriages as fixed specified in a notification in the Official

     Gazette under clause (a) of sub-section (3) ofsection 74: Provided

     further that where a Regional Transport Authority, State

     Transport Authority or any prescribed authority referred to in

     sub-section (1) ofsection 66refuses an application for the grant

     of a permit of any kind under this Act, it shall give to the

     applicant in writing its reasons for the refusal of the same and

     an opportunity of being heard in the matter."

     The State Transport Authority is thus obliged to consider and

allow the application for permit or alternatively to take a reasoned

decision thereon after giving the applicant an opportunity of hearing.3After hearing the learned Counsel appearing on behalf of the

            parties, the writ application is disposed of by directing the State

            Transport Authority to take a decision on the application of the

            petitioner for permit in accordance with law, within three months

            from the date of communication of this order after giving the

            petitioner an opportunity of hearing. The decision of the State

            Transport Authority shall be communicated to the petitioner within a

            week from the date thereof.The writ application is, thus, disposed of.

                         Urgent certified copy of this order, if applied for, be supplied to

            the parties subject to compliance with all requisite formalities.(INDIRA BANERJEE, J.)
K.Banerjee
Assistant Registrar (C.R.)