Pallab Biswas & ORS v. State Of West Bengal & ORS

Ct. 05 Item No.27 17.11.2021 (suvendu) WPA 1284 of 2020 [Via Video Conference] Pallab Biswas & Ors.

Vs.

The State of West Bengal & Ors.

Mr. N.I.Khan ..........for the petitioners Affidavit of service filed on behalf of the petitioners is taken on record.

The only prayer of the writ petitioners is for direction on the Secretary, Regional Transport Authority, Nadia and the Chairman (District Magistrate), Regional Transport Authority, Nadia, to consider the representation made by the petitioners on 28th August, 2019. The grievance of the petitioners as outlined in the representation relates to a permit issued to the petitioner on 3rd December, 2018 imposing a condition that the petitioners would not touch Chakdah Auto Stand which was not included in the permit granted to a third party for the same route.

The representation was made by the petitioners persuaded by an order passed by a

learned Single Judge of this Court on 1st August, 2019 permitting the petitioners to apply before the authority concerned.

Since the concerned authority has not responded to the representation of the petitioners made in August, 2019, the respondent no.2, being the Regional Transport Authority, Nadia Region, is directed to consider the said representation and pass a reasoned order after hearing all concerned parties within a period of three weeks from the date of communication of this order. A copy of the reasoned order shall be given to the petitioners within a week from the date on which such reasoned decision is taken.

It is made clear that if the concerned authority decides in favour of the petitioners, the petitioners should be issued permits in accordance with law and upon maintaining parity between all similarly situated persons to whom permit was granted for the same route.

WPA 1284 of 2020 is disposed of in terms of above.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)