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1996 DIGILAW 96 (CAL)

Gostha Behari Hazra v. R. T. A.

1996-03-06

SAMARESH BANERJEA

body1996
JUDGMENT The judgment of the Court was as follows:–– In the instant writ application, the writ petitioner who are some of the residents of B. L. Saha Road and its adjoining areas make a grievance that although the Mini Buses of the Route No. 133 (Haridebpur to Dumdum Park/Babughal) are not plying as per the approved alignment i.e. M. G. Road––B. L. Saha Road––Tollygunge Circular Road and although this fact has been brought to the notice of the respondents time and again, the respondents have failed and neglected to take steps against such erring Mini Bus Operators. 2. It appears that the said Mini Bus Operators are not plying their vehicles as per the approved alignment for quite some time and in the year 1992 when the Secretary, R. T. A. by Memo No. 1/1891 dated 13.5.92 requested the Secretary/President of the Route Committee of Haridebpur––Dumdum Park/Babughat Mini Buses to ply their vehicles as per the approved alignment, the same was challenged by Haridebpur Mini Buses Route Committee & Ors. before this Hon'ble Court. The said writ petition being C. O. No. 9335(W)/92 was ultimately heard by B. P. Banerjee, J. and by an order and judgment dated 8.5.95, His Lordship was pleased to dismiss the writ petition with the finding that as the Mini Bus Operators accepted the Permit in the year 1988 they were bound to ply their vehicles on the terms and conditions of their Permits and therefore, there was no reason for interference with the order passed by the R. T. A. 3. It is the grievance of the petitioners that even after the aforesaid judgment and order dated 8.5.95 the Mini Bus Operators of the said Route are still not plying their vehicles as per the approved alignment but in violation thereof and inspite of complaints to the respondents about the same, the respondents have failed and neglected to take any steps against such erring Mini Bus Operators. A serious allegation has also been made against the respondents by alleging that they are in league with the Mini Bus Operators. 4. Mr. A serious allegation has also been made against the respondents by alleging that they are in league with the Mini Bus Operators. 4. Mr. Roy appearing for the petitioners has submitted that in view of the fact that such action of the Mini Bus Operators is in clear violation of the conditions of permit, the R. T. A. shall be directed to cancel the permit of such erring Mini Bus Operators because of such violation of the condition of Permit apart from the fact that the Police authorities may also be directed to take steps against such erring Mini Bus Operators by seizing their vehicles. 5. Mr. Khan, appearing for the respondents has addressed the Court on merits by producing the relevant records. It has been submitted that after this fact was brought to the notice of the respondents, the respondents have already issued notice to the concerned Mini Bus Operators asking them to ply on the approved alignment. 6. Having heard the learned Advocates for the parties, and considering the application I am of the view that there is no point in keeping this writ petition pending. 7. A Mini Bus Operator is bound to ply his vehicle as per the alignment of the Permit which itself is a condition of Permit and therefore, an operator cannot violate such condition of Permit. That apart, now that the application of the writ petitioners of the C. O. No. 9335(W)/92 (being the Mini Bus Operators of Haridebpur––Dumdum Park/Babughat) has been dismissed by the Hon'ble Mr. Justice Bhagabati Prasad Banerjee where it has been specifically held that the Mini Bus Operators of Haridebpur––Dumdum Park/Babughat are bound to adhere to the route which has been indicated in the Permit. Any deviation therefrom not only is in violation of the conditions of Permit but is also in violation of the judgment and order passed in C. O. No. 9335(W)/92. 8. In that view of the matter the Respondent, Regional Transport Authority must take appropriate action against such erring Mini Bus Operators in accordance with law without any further delay, particularly, when because of such conduct of the erring Mini Bus Operators, the interest of the travelling public is seriously affected. The writ petition therefore succeeds and the same is hereby allowed. 9. The writ petition therefore succeeds and the same is hereby allowed. 9. The Regional Transport Authority, Calcutta, is directed, within a week from the date of communication of this order, to initiate appropriate proceedings for cancellation of the Permit of such erring Mini Bus Operators of Route No. 133 (Haridebpur––Dumdum Park/Babughat) for violation of the condition of Permit in accordance with law. In such proceedings, if the Regional Transport Authority, after hearing the erring Mini Bus Operators finds that there has been a violation of the condition of Permit, they will be at liberty to forthwith cancel the Permit of the erring Mini Bus Operators of Route No. 133. 10. The Respondent Nos. 3 and 4 are also directed to take immediate steps to ensure through the Police that the Mini Bus Operators of Haridebpur––Dumdum Park/Babughat do ply their vehicles through the approved alignment i.e. Tollygunge Phari––Tollygunge Circular Road––B. L. Saha Road––M. G. Road. 11. It is made clear that in the event it is found that the Mini Bus Operators of Haridebpur––Dumdum Park/Babughat are not plying their vehicles as per the aforesaid alignment, the Police authorities will be at liberty to seize the erring Mini Buses of Route No. 133 under the provisions of Section 207 of the Motor Vehicles Act. 12. The writ application is thus disposed of. There will be no order as to costs. Let a plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates for the respective parties.