Mir Kayum HossaIn Vs. the State of West Bengal and ors. - Court Judgment

Excerpt:

.....other state unless countersigned by the state transport authority of that other state or by the regional transport authority concerned. in terms of section 88 of the motor vehicles act, 1988, the state transport authority, jharkhand, countersigned the permit. the petitioner has been plying the vehicle till the date of expiry of the permit. before the date of expiry of the permit, the petitioner applied for renewal of the permit. the permit has been renewed and the same has been forwarded to the state transport authority, jharkhand, for countersignature. the state transport authority, jharkhand, has not countersigned the permit without assigning any reason. the permit having once been countersigned by the state transport authority, jharkhand, there could be no justification in withholding signature upon renewal. the state transport authority, west bengal, has duly extended the period of validity of the permit till 2015. the state transport authority, jharkhand, is obliged to countersign the renewed permit. the state transport authority, jharkhand, has chosen not to appear in spite of notice. it may be presumed that the state transport authority has no defense to the case made out.....

Judgment:

The Court : No one has appeared to oppose this writ application on behalf of the State Transport Corporation, Jharkhand, in spite of notice. Let the affidavit of service be taken on record. The State Transport Authority, West Bengal, has issued permit no. P.St. P. No. 17/2005(I/S) to operate a vehicle from Bishnupur to Tata and back, as per Rules specified in the permit. The permit which was initially issued in 2005 was valid for a period of five years from 16th May, 2005 till 15th May, 2010. Section 88(1) of the Motor Vehicles Act, 1988 provides as follows :

88. Validation of permits for use outside region in which granted 1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned.

In terms of section 88 of the Motor Vehicles Act, 1988, the State Transport Authority, Jharkhand, countersigned the permit. The petitioner has been plying the vehicle till the date of expiry of the permit.

Before the date of expiry of the permit, the petitioner applied for renewal of the permit. The permit has been renewed and the same has been forwarded to the State Transport Authority, Jharkhand, for countersignature. The State Transport Authority, Jharkhand, has not countersigned the permit without assigning any reason. The permit having once been countersigned by the State Transport Authority, Jharkhand, there could be no justification in withholding signature upon renewal.

The State Transport Authority, West Bengal, has duly extended the period of validity of the permit till 2015. The State Transport Authority, Jharkhand, is obliged to countersign the renewed permit. The State Transport Authority, Jharkhand, has chosen not to appear in spite of notice. It may be presumed that the State Transport Authority has no defense to the case made out by the petitioner and has, thus, chosen not to defend the proceedings in this Court. This writ application is disposed of by directing the State Transport Authority, Jharkhand, to forthwith countersign the permit issued to the petitioner, subject, of course, to fulfillment of all formalities required on the part of the petitioner.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance of all requisite formalities.