Mahadeb Mandal And ORS. v. State Of West Bengal And ORS.

25.02.2026 Ct. No.5 b.das WPA 418 of 2026 Mahadeb Mandal & Ors.

Vs.

The State of W. B. & Ors.

Mr. Aniruddh Singh Mr. Saptak Naskar ...for the petitioners.

Md. Ahsanuz Zaman Mr. Milan Kr. Maity ...for the State.

Affidavit of service filed by the petitioners and report submitted by the State are taken on record.

Copy of the report is made over to the learned counsel for the petitioners in Court this day. Heard learned counsels for the parties.

Learned counsel for the petitioners submits that the petitioners who are auto rickshaw drivers and are members of Gosaba Auto Rickshaw Van Kalyan Samiti are operators of LPG run auto rickshaws. They are restrained from plying their auto rickshaws by the local toto and motor van drivers despite the fact that they possess permits issued by the Regional Transport Authority.

The petitioners lodged complaint in this regard before the police authority but no steps have been taken. It appears from the report submitted by the State that enquiry was held pursuant to the complaint lodged by the petitioners and the police is vigilant and is continuing mobile patrolling and traffic management in the area.

The report demonstrates rival contention of the groups with regard to grant of route permits and plying of the vehicles in the route.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that the issue pertains to the Regional Transport Authority which is the appropriate forum to decide the allegation raised by the petitioners. The petitioners are at liberty to approach the said authority for redressal of their grievance. In the meantime, the police shall continue surveillance in the area in order to avoid any untoward incident and shall ensure maintenance of law and order. The writ petition is accordingly disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)