Research › Browse › Judgment

Calcutta High Court · body

1995 DIGILAW 428 (CAL)

Samir Chowdhury v. State of West Bengal

1995-12-04

ALTAMAS KABIR

body1995
JUDGMENT The judgment of the Court was as follows :–– Since Mr. N. I. Khan has appeared for the State, no useful purpose will be served by keeping the matter pending. 2. The petitioner's grievances in this writ petition are two-fold. Firstly, it is the petitioner's grievance that, although, he has been granted temporary permits on several occasions, the time-table of the route has not been approved and as a result whereof he has not been able to ply his vehicle. Secondly, according to the petitioner, since successive temporary permits have been granted to him, having regard to the various decisions of the Supreme Court in such cases, his permit should be converted into a permanent permit. 3. Having considered the submissions made on behalf of the petitioner and the State, the respondents concerned are directed to approve the petitioner's time-table within a week from date and during the interim period, the petitioner should be allowed to ply his vehicle on the basis of his earlier time-table. As far as the petitioner's second grievance is concerned, the Hon'ble Supreme Court has on repeated occasions deprecated the practice of grant of successive temporary permits. In the case of (1) A. Viswanathan v. State Transport Appellate Tribunal, Pondicherry reported in AIR 1987 SC 731 , the Hon'ble Supreme Court has observed that issuance of successive temporary permits reveals that there is a permanent need on the route in question and the authorities concerned should consider such aspect of the matter so that an operator does not have to apply every four months for grant of such permits. 4. Similar sentiments have been expressed in the case of (2) M/s Basanl Roadways v. State Transport Appellate Tribunal & Ors. reported in AIR 1987 SC 116 . Furthermore, in the case of Bengal Bus Syndicate, the State of West Bengal has in fact informed the Supreme Court that they are prepared to convert temporary permits into permanent permits on certain conditions. 5. Having regard to the above, I dispose of this application with a further direction that the respondents should take steps to convert the successive temporary permits granted to the petitioner into a permanent permit on the route in question. 6. Leave is granted to the petitioner's learned Advocate to communicate the order to the concerned authorities, who are directed to act on the basis of such communication. 6. Leave is granted to the petitioner's learned Advocate to communicate the order to the concerned authorities, who are directed to act on the basis of such communication. Let this matter be sent to the Central Filing Section for numbering, and, thereafter, be sent to the department.