Asansol Mini Bus Association And ... vs Union Of India And Others
2022 Latest Caselaw 2857 Cal

 AD. 188.
May 13, 2022.
MNS.


                                  WPA No. 11662 of 2021
                                          with
                                     CAN 1 of 2022

                         Asansol Mini Bus Association and others
                                           Vs.
                               Union of India and others


                         Mr. Durga Prasad Dutta,
                         Mr. Souvik Sen

                                                  ...for the petitioners.

                         Mr. Amal Kumar Sen,
                         Mrs. Ashima Das (Sil)

                                                 ...for the State.

                         Learned counsel for the petitioners contends

                that     the   petitioners'    representation    before   the

                respondent-authorities, in respect of reconsideration

of the fare charts for operating bus and minibus

services within the territory of the State of West

Bengal ought to have been considered by the

respondent authorities by taking into account the

effect of Section 67(2) of the Motor Vehicles Act,

1988. It is argued that, in recent times, the fuel

prices have been hiked exorbitantly, thereby

exposing the vehicle operators to the risk of going out

of business or running at a loss, which will affect

several families of the employees associated with the

vehicles.

It is contended that a balance should be struck

between the fare charts and the price of fuel,

including a consideration as to whether the fare or

freights shall be inclusively payable by the

passengers or the consignors of the goods for the

operators of the stage carriages, contract carriages

or goods carriages for those to ply on a commercially

viable fare.

Learned counsel for the petitioner places

reliance on the judgment of Delhi Transport

Corporation Vs. D.T.C. Mazdoor Congress & Ors.

reported at JT 1990(3) S.C. 725 in support of the

proposition that in appropriate case, the courts can

read down Statutes in order to bring it in conformity

with the intendment of the Legislators.

Learned counsel for the petitioner further

contends that the last revision of fare charts was in

the year 2018.

Learned counsel appearing for the respondent

authorities controverts such contentions and submits

that in the event hike in fuel prices have to be

considered every time when there is such a hike, a

reconsideration will have to take place almost on a

day-to-day basis, which task is impossible for any

authority to undertake, particularly in view of the huge

practical difficulties involved, since the entire fare

charts throughout the State would have to be

reconsidered on a regular basis at the whims of the

vehicle operators.

Moreover, it is contended that revenue matters

and matters of excise duty fall within the specific

domain of policy decisions of the State and ought not

to be interfered with unless there is specific

contravention of any provision of the Constitution.

Learned counsel for the respondent authorities

further adds that the statute is, in effect, a regulatory

measure and it is within the administrative discretion

of the State to exercise its power under the same.

For the said proposition, learned counsel

places reliance on the judgement of Mangalam

Organics Limited Vs. Union of India reported at

(2017) 7 Supreme Court Cases 221.

Upon considering the submissions of the

parties and taking note of the materials annexed to

the writ petition, the hearing is concluded and the

matter is reserved for judgment.

(Sabyasachi Bhattacharyya, J.)