Sanjib Kumar Das v. The State of West Bengal & Ors.

Mr. Sarkar are concerned, they had all applied for intra-regional permits for operating auto rickshaws before the RTA, Nadia. All such applications have been rejected on diverse dates, but with identical resolutions. The identical resolution of the RTA, Nadia adopted rejecting the applications reads as follows:- “ Heard the applicant. After consideration the road condition, congestion of road traffic and safety and security of the passengers travelling in such 3-wheeled Auto- Rickshaw within the ambit and scope of the Motor Vehicles Act and rules framed thereunder, his application is not granted.

#51. I have no doubt in my mind that rejection of the petitioners’ applications for permits by the 4 RTA, Nadia is arbitrary and that the impugned resolutions are indefensible. Guideline (6) does not restrict grant of permit to operate an auto- rickshaw. What is says is that while g4anting an auto-rickshaw permit, the permit issuing authority is to consider the road condition, congestion of road traffic, and safety and security of the passengers within the ambit and scope of the MV Act and the rules framed thereunder. There is no discussion impugned resolutions with regard to the factors mentioned in guideline (6). While dealing with the applications for permits of each of the petitioners, it was imperative for the RTA, Nadia to indicate with some degree of clarity the impediments standing in the way of grant of permits. The RTA, Nadia could not have simply referred to the factors mentioned in guideline (6) and without anything more, reject an application for permit. Application of mind was necessary, which is conspicuously absent. The impugned resolutions of the RTA, Nadia thus stand set aside.”

#8. The State-respondent submits that due to serious congestion in the area in question, a new permit cannot be granted by the concerned authority. Moreover, it has to be ascertained whether the fleet strength of the auto rickshaws on the route in question has been notified by the department or not.

#9. Having heard the parties and upon perusal of the materials on record, I am of the concerned view that the issue involved herein pertains to the grant of new permits of auto rickshaws on the route no. 314 originating from 5 Zinzira Bazar Auto stand to Bener Dokan via Sarkar Pool, Mohan Doctor Chamber. Keeping in mind the population as reflected from the records, only 13 licenced Auto rickshaws are plying on the route to cater to the needs of commuters in this densely populated area.

#10. The decision taken by the respondentno.4 is not tenable in the eye of law as the same suffers from gross legal infirmity. A further introspection by the authority concerned is required to arrive at a logical and reasoned conclusion. The issue of the public convenience and the demand cannot be ruled out merely by rejecting the application for the grant of a new permit.

#11. In view of the above, the decision taken by the respondent no.4 is hereby quashed and set aside. I direct the respondent no.2 to revisit the issue by considering the practical aspect of the demand of the public at large. The decision shall be taken within a period of 8 weeks peremptorily by passing a reasoned order upon affording an opportunity of hearing to the petitioners and the other stake holders and communicate such decision within a week thereafter.

#12. However, it is made clear that at the time of reviewing involved herein, the concerned authority shall ascertain the fleet strength of the auto rickshaw has at all been notified or not. If it has not been so notified, then in the absence of such notified fleet 6 strength the authority shall adopt a pragmatic view to effectively strike a balance by bridging the gap between public demand and the infrastructural facility.

#13. With the above observations and directions, the writ petition, WPA 1571 of 2026 stands disposed of without going into the merits of the case.

#14. Photostat certified copy of this order, if applied for, be furnished expeditiously.

#15. (Smita Das De, J.)