Calcutta High Court
City Suburban Bus Service And Ors vs Union Of India & Ors on 28 January, 2025
OD-2
ORDER SHEET
WPO/1184/2024
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
CITY SUBURBAN BUS SERVICE AND ORS.
VS
UNION OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE RAI CHATTOPADHYAY
Date : 28th January, 2025
Appearance:
Mr. Sankar Nath Mukherjee, Adv.
Mr. Niraj Gupta, Adv.
Mr. Shamim Akhtar, Adv.
Mr. Saikat Pal, Adv.
...for the petitioners
Mr. Sanajit Kr. Ghosh, Adv.
Ms. Sumita Sarkar, Adv.
...for U.O.I.
The Court: The supplementary affidavit filed today on behalf of the
petitioners be kept on record.
The petitioners in this case have challenged the Government order no.
2085-WT/TPT/2/2021 dated June 2, 2023. The petitioners have challenged,
particularly, the provision therein imposing embargo as regards the renewal
of the existing permit of the vehicles with age more than 15 years.
Mr. Mukherjee for the petitioners would submit on the basis of the
amended provision of the Motor Vehicles Act, 1989, vide the Motor Vehicles
(Amendment) Act, 2019, as well as the Central Motor Vehicles Rules, 1989,
vide Motor Vehicles (Amendment) Rules, 2021, that the Parliament by way of
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amending the original statute has already provided for testing of the vehicle
as regards its fitness by the authorised testing centre and extension of its
permit in case the vehicle is found fit to operate on road.
According to Mr. Mukherjee, the Notification dated June 2, 2023 is in
contravention and violation of the amended statutory provision as above.
He would seek that operation of the Government order, as above, so
far as renewal of existing permit of the vehicles with age more than 15 years
may be stayed.
No one is representing the State respondents.
Mr. Ghosh is representing the Union of India.
Mr. Ghosh has already raised a preliminary point of objection as
regards the locus standi of the petitioners to maintain the present writ
petition before this Court. He has urged that the writ petitioners, being the
associations of bus-owners, can not appear as litigants, in place and stead
of its members by themselves as, to maintain a writ petition, the litigant has
to show infringement of his legal rights by the State or its instrumentality.
Let the preliminary point of objection be heard along with the merit of
the present case.
The Court finds that the matter can be appropriately disposed of only
after exchange of affidavits.
Therefore, the respondents, i.e., the State respondents as well as the
Union of India are directed to file affidavit-in-opposition within a period of
three weeks from the date. Affidavit-in-reply, if any be filed within one week
thereafter.
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Let this matter appear in the monthly list of March, 2025.
All further proceedings pursuant to the Notification dated June 2,
2023, if any, shall be subjected to and abide by the result of the present writ
petition.
(RAI CHATTOPADHYAY, J.)
sg.
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