Mohan Jha v. State of West Bengal and Ors.
Case brief
What is this about?
Stage carriage permit; route no. 215, 215/1 (one vacancy); R.T.A., Kolkata Region; experience marks — date of initial grant of permit versus date of application; multiple permits to one person on same bank statement and tax return; rejection of apportionment of financial capacity per permit; Act of 1988 (Motor Vehicles Act, 1988) liberalised permit policy; no outer limit on permits; reliance on S.V. Sivaswami Servai vs. Hafez Motor Transport (1990) 4 SCC 459; reconsideration afresh within eight weeks; broadsheet to be recast; reasoned order required; permit not suspended meanwhile, subject to cancellation; decision to be communicated within one week; WPA 5144 of 2024; Mohan Jha v. State of West Bengal; Rai Chattopadhyay J.; High Court at Calcutta; writ petition disposed of with directions.
What did the court decide?
R.T.A., Kolkata Region directed to reconsider afresh, within eight weeks from communication of the order, the grant of permit in route nos. 215, 215/1 (one vacancy) on the basis of the documents submitted before it, recasting the broadsheet if necessary and passing a reasoned order; the permit already granted to the private respondent not to be suspended meanwhile but to remain subject to cancellation if the fresh consideration leads to a different decision; the decision to be communicated to the petitioner and the private respondent within one week of the order.