JUDGMENT Soumitra Pal, J. In the writ petition, the petitioner has challenged the resolution being Agenda No. 12 dated 3rd December, 2013 adopted by the State Transport Authority, West Bengal deciding to grant permit in respect of the route from Duttapukur to Santragachi via Jessore Road, E.M Bye Pass, Science City, Park Circus, A.J.C. Bose Road, Rabindra Sadan, Vidyasagar Setu to the private respondents as it was passed without following the scheme as published in the notification dated 11th February, 2005 under section 100 (2) of the Motor Vehicles Act, 1988. Mr. Debabrata Saha Roy, learned advocate for the petitioner submitted that as under the scheme in the notification dated 11th February, 2005, other than the State Transport Undertakings mentioned therein, in public interest the area/route as specified in the schedule is closed to all other passenger transport service except stage carriage permit holders covering at least four regions and using Vidyasagar Setu and as the impugned resolution covers three regions and not four, it may be set aside. In this regard reliance has been placed on the notification dated 23rd April, 1992 issued by the State of West Bengal. Mr. Amal Kumar Sen, learned advocate appearing for the State submitted that as the resolution covers four and not three regions, the issue is covered by the order passed on 11th October, 2012 in W.P 1390 of 2010 (Biswajit Bera versus State of West Bengal and others). Submission was the notification dated 23rd April, 1992, relied on by the petitioner, is not applicable as it was issued in the interest of smooth running of Motor Vehicle Administration. Learned advocates for the parties have relied on judgments which shall be dealt with appropriately. I find by resolution dated 3rd December, 2013 it was resolved by the State Transport Authority to grant permit in respect of route Duttapukur to Santragachi via Jessore Road, E.M Bye Pass, Science City, Park Circus, A.J.C. Bose Raod, Rabindra Sadan, Vidyasagar Setu. The question is whether it covers four regions. Admittedly Duttapukur and Santragachi are in the districts of North 24 Paraganas and Howrah respectively. The route also covers Park Circus, A.J.C Bose Road, Rabindra Sadan which are in the Kolkata district. The only question whether it touches the fourth region.
The question is whether it covers four regions. Admittedly Duttapukur and Santragachi are in the districts of North 24 Paraganas and Howrah respectively. The route also covers Park Circus, A.J.C Bose Road, Rabindra Sadan which are in the Kolkata district. The only question whether it touches the fourth region. Since in the order dated 11th October, 2012 passed in W.P. 1390 of 2010, the strip of land in between No.4 Railway Bridge and Milan Mela Prangan, which is opposite Science City, it was held to be within the 24 Parganas (South), the resolution covers the fourth region too. So far as the notification dated 23rd April, 1992 is concerned, it is not applicable as it was issued by the State for smooth running of the Motor Vehicle Administration and Court in this matter is concerned with the territorial jurisdiction of the administration in general. The judgment is Sanjit Chakraborty v. State of West Bengal AIR 2007 Cal 252 is applicable as the Scheme was not objected to and thus valid and as the resolution covers four regions and Vidyasagar Setu. The principles of law laid down in Ram Krishna Verma v. State of U.P: AIR 1992 SC 1888 and in Sekhar Chatterjee v. Abdur Rahim Mondal: 2008(1) CHN 1096 are applicable as the petitioner has no legally enforceable right. Hence, the writ petition is dismissed. No order as to costs.