Hon''ble Mr Justice, Jayanta Kumar Biswas
1. Mr. Roy appearing for the petitioner submits that notice offered to Mr. Razzak could not be accepted by Mr. Razzak for his personal reason.
Faced with the situation Mr. Roy has invited this Court to direct the STA to give the petitioner a fresh opportunity of presenting his case. Referring
to the impugned order of the STA dated December 16, 2010 (WP p.19), Mr. Roy has submitted that the order itself will reveal that the petitioner
did not get sufficient opportunity of presenting his case. According to Mr. Roy, Division Bench decision of this Court supports the case of the
petitioner that for granting permit for a part of an already formulated route no formulation of an independent route is necessary. His further
submission is that question of formulation of route, in any case, does not arise.
2. The impugned order dated December 16, 2010 is quoted below:-
The matter is discussed in S.T.A., W.B. The route passes through K.M.A. area. There is no such formulated route under K.M.A. Hence the
application is rejected.
3. It is evident from the impugned order that the STA did not have any occasion to examine the Division Bench decision on which the petitioner
wants to rely. The STA was not invited to examine the question whether formulation of route is necessary under provisions of the Motor Vehicles
Act, 1988. Although Mr. Deb Roy appearing for the State has supported the impugned order, I think, on the facts, it will be appropriate to ask
STA to give the petitioner a fresh opportunity of hearing so that he may produce the decision of this Court and other provisions of law in support
of his case. For these reasons, I dispose of the WP ordering as follows. The impugned order shall be deemed to be set aside. The STA shall
decide the petitioner''s request for grant of permit afresh giving him opportunity of presenting his case. After examining the decision and provisions
of law relied on by the petitioner the STA shall give the decision within eight weeks from the date this order is served. No costs. Certified xerox.