Gouranga Guha Vs. State of West Bengal and ors. - Court Judgment

Excerpt:
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 the motor vehicles act, 1988 provide 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) a regional transport authority, state transport authority or any prescribed authority referred to in sub-section (1) of section 66 shall 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) of section 66 may 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) of section 74: provided further that where a regional transport authority, state transport authority or any prescribed authority referred to in sub-section (1) of section 66 refuses 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. after 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.

Judgment:
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 the Motor Vehicles Act, 1988 provide 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) A Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of Section 66 shall 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) of section 66 may 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) of section 74: Provided further that where a Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 refuses 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.

After 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.