Prakash Chandra Mondal v. State Of West Bengal And ORS.

Court No. 5 G.S.Da s 27.01.2022 WPA 804 of 2022 [ Prakash Chandra Mondal -VsThe State of West Bengal & Ors.

(Via Video Conference) Mr. Sanat Kumar Roy Mr. Abhishekh Banerjee ... for the petitioner Mr. Pantu Deb Roy Mr. Anand Farmania ... for the State .

The only grievance of the writ petitioner is that despite being granted a permit by the RTA, Paschim Burdwan on 23rd of December, 2021, the counter-signature of the permit by the RTA, Birbhum required under Section 88(1) of the Motor Vehicles Act, 1988, has not been done till date.

Learned Counsel places a letter of the RTA, Paschim Burdwan of 23rd of December, 2022 to the RTA, Birbhum stating that the counter-signature is necessary and further that the requisite fees of more than Rs.20,000/- have already been received and realised by the RTA, Paschim Burdwan.

It appears from the records that the representation made by the petitioner to the RTA, Birbhum on 1st January, 2022 has also not been responded to. The representation states that the petitioner had visited the office of the RTA, Birbhum on 24, 27, 28th of December, 2021, despite which

no steps have been taken in the matter of countersignature. Learned Counsel appearing for the State submits that the delay has been caused by fixing a time table by the concerned respondent.

Upon hearing the parties, this Court is of the view that WPA 804 of 2022 can be disposed of with a direction on the RTA, Birbhum to complete counter-signing of the permit within a week from date.

Since the undue delay on the part of the RTA, Birbhum has caused prejudice to the petitioner, RTA Birbhum shall be liable for costs assessed at Rs.5000/- to be paid to the petitionerwithin a fortnight from date. WPA 804 of 2022 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertakings. (Moushumi Bhattacharya, J.)