Santana Dutta Roy vs State Of West Bengal & Ors.

The petitioner filed the instant writ petition for a direction upon the Regional Transport Authority, Jalpaiguri to effect the change of address/assignment

of the present replaced vehicle, as the earlier vehicle was suffering from perennial mechanical problem, which may be detrimental to the safety,

security and convenience of the commuters.

The earlier vehicle was sold upon permission being granted by the Regional Transport Authority and was sought to be replaced by the petitioner with

the seven year old vehicle. A representation was made on 19th February, 2018 with the Secretary, Regional Transport Authority, Jalpaiguri to make

the necessary endorsement as well as effect the transfer of the vehicle, so that the petitioner may ply the same under the permission granted for the

erstwhile vehicle.

It is not in dispute that the replacement is permissible under the Act as well as Rules and in fact the authorities granted such replacement. The

Secretary, Regional Transport Authority, Jalpaiguri issued a Memo dated 3rd April, 2018 to the Secretary, State Transport Authorities, West Bengal

seeking clarification as to whether the replacement can be permissible with the seven years old vehicle.

The petitioner enclosed the notification issued in the year 2012, where this Court does not find any limitations on year basis but contemplates the 2

compliance of BS norms. The only question, which requires consideration by the authorities whether the replaced vehicle conforms to the norms set

out in the notification dated 7th August, 2012 issued by the Transport Department of the State Government instead of seeking clarification or opinion

from the Secretary of the State Transport Department.

The authorities shall also take into account the provisions under Section 83 of the Motor Vehicles Act, 1988, which permits the replacement with the

vehicle of same nature. Since the authorities have not considered the representation made by the petitioner, this Court feels it would not be proper to

usurp the power of the authority; apart from the same some other compliance may be necessary.

In view of the above, the Secretary, Regional Transport Authority, Jalpaiguri is directed to consider the application/representation filed by the

petitioner and dispose of the same within four weeks from the date of the communication of this order in the light of the observations made

hereinabove as well as the relevant provisions of law applicable in this regard by recording proper reasons. The writ petition is thus disposed of. There

will be no order as to costs.