State of West Bengal and ors. Vs. Nitiah Saha and anr. - Court Judgment

Excerpt:
the court : after hearing the learned counsel appearing for the parties, and perusing the application for condo nation of delay, we are satisfied with the grounds stated in the petition. accordingly, the delay of 14 days is condoned and the application for condonation of delay is allowed and is thus disposed of. the present appeal is directed against the order dated 11th june, 2010 passed by the hon'ble first court. it appears in this matter the hon'ble first court on 4th march, 2005 on a writ petition (being w.p.no.214 of 2005) moved by the writ petitioners passed an order, whereby his lordship was pleased to grant liberty to state transport authority to issue the necessary permit in fvour of the writ petitioners in w.p.no. 214 of 2005 on the route barasat to garia. it is further directed that the vehicles of the petitioners (w.p.no. 214 of 2005) in plying and/or in operating on the above routes shall not touch any part of the eastern metropolitan bye-pass on the basis of the permits to be issued in their favour in terms of that order in terms of the said order. it appears that the writ petitioners subsequent thereto applied before this court by way of an application (being g.a.no. 1198 of 2010) in the said writ petition and the trial court again passed an order on 11th june, 2010 and directed that the said order was an interim order and that was subject to the final disposal of the writ petition. the court further directed that since the other operators are operating their vehicles through eastern metropolitan bye pass, the state transport authority is directed to make the endorsement on the permit of the petitioners, which is valid till 2013, allowing the petitioners to operate their vehicles on the route barasat to garia through eastern metropolitan bye pass. being aggrieved, the appellant has filed this appeal. in our considered opinion, a prima facie case has been made out by the state authorities to file the present appeal on the ground that the writ petitioners came before the court, got an order and gave an undertaking that the permit should be granted in their favour without touching eastern metropolitan bye pass and thereafter filed application and after enjoying the permit for a long time tried to have a mandatory direction on the state transport authority to allow them to have the permit touching e.m. bye pass. therefore, in our opinion, a prima facie case has been made out by the appellants to pray for a stay of the said order. having satisfied with the prima facie case of made out by the appellant, we grant a stay of operation of the order dated 11th june, 2010 and we direct the no further step should be taken until the appeal is heard. the appellants are directed to file all papers and documents which have been used before the trial court by way of informal paper book including index within a week from date. since the respondents are appearing, service of notice of appeal is dispensed with. list this appeal one week hence. the stay application is thus disposed of. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. urgent certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:
The Court : After hearing the learned counsel appearing for the parties, and perusing the application for condo nation of delay, we are satisfied with the grounds stated in the petition.

Accordingly, the delay of 14 days is condoned and the application for condonation of delay is allowed and is thus disposed of.

The present appeal is directed against the order dated 11th June, 2010 passed by the Hon'ble First Court.

It appears in this matter the Hon'ble First Court on 4th March, 2005 on a writ petition (being W.P.No.214 of 2005) moved by the writ petitioners passed an order, whereby His Lordship was pleased to grant liberty to State Transport Authority to issue the necessary permit in fvour of the writ petitioners in W.P.No. 214 of 2005 on the route Barasat to Garia.

It is further directed that the vehicles of the petitioners (W.P.No. 214 of 2005) in plying and/or in operating on the above routes shall not touch any part of the Eastern Metropolitan Bye-Pass on the basis of the permits to be issued in their favour in terms of that order in terms of the said order.

It appears that the writ petitioners subsequent thereto applied before this Court by way of an application (being G.A.No. 1198 of 2010) in the said writ petition and the Trial Court again passed an order on 11th June, 2010 and directed that the said order was an interim order and that was subject to the final disposal of the writ petition.

The Court further directed that since the other operators are operating their vehicles through Eastern Metropolitan Bye Pass, the State Transport Authority is directed to make the endorsement on the permit of the petitioners, which is valid till 2013, allowing the petitioners to operate their vehicles on the route Barasat to Garia through Eastern Metropolitan Bye Pass.

Being aggrieved, the appellant has filed this appeal. In our considered opinion, a prima facie case has been made out by the State authorities to file the present appeal on the ground that the writ petitioners came before the Court, got an order and gave an undertaking that the permit should be granted in their favour without touching Eastern Metropolitan Bye Pass and thereafter filed application and after enjoying the permit for a long time tried to have a mandatory direction on the State Transport Authority to allow them to have the permit touching E.M. Bye Pass.

Therefore, in our opinion, a prima facie case has been made out by the appellants to pray for a stay of the said order. Having satisfied with the prima facie case of made out by the appellant, we grant a stay of operation of the order dated 11th June, 2010 and we direct the no further step should be taken until the appeal is heard.

The appellants are directed to file all papers and documents which have been used before the Trial Court by way of informal paper book including index within a week from date.

Since the respondents are appearing, service of notice of appeal is dispensed with.

List this appeal one week hence. The stay application is thus disposed of.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.

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