Allauddin & ORS. v. State Of West Bengal & ORS.

1st December, WPA 841 of 2020 (Through Video Conference)

(47) Allauddin & Ors. (BD) -vs- The State of West Bengal & Ors.

Mr. Dilip Kumar Samanta Mr. B. Samanta ... for the petitioners.

Mr. Amal Kumar Sen Mr. J. Das ... for the State.

Mr. Bhaskar Nandi ... for the respondent nos.

7 to 12.

It appears from the submission of counsel that the petitioners are aggrieved by a Notification of the Transport Authority dated 26th December, 2019 which was apparently taken without considering two objections made by the petitioners to the Regional Transport Authority, Calcutta Region on 19th June, 2019 and 10th July, 2019.

Learned counsel appearing for the State respondents submits that the petitioners do not have any right to object to creation of new routes by the Regional Transport Authority and with the latter is empowered to do so under the relevant provision of the Motor Vehicles Act, 1988. However, since admittedly, the petitioners have not given any representations to the appropriate authority which is the Transport Department, Government of West Bengal, which issued the impugned Notification, the present writ petition can be disposed of by directing the respondent no. 1 to treat the representations dated 19th June, 2019 and 10th July, 2019 as representations on behalf of the

petitioners and dispose of the same by passing a reasoned order upon hearing all concerned parties within four weeks.

A copy of the reasoned order shall be given to the petitioner nos. 1 and 2 within seven days from which the decision is taken.

WPA 841 of 2020 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)