Dhimadhab Kar Mahapatra And ORS v. State Of West Bengal And ORS.

April 26, 2023

(958) (M/L) ARDR WPA 2137 of 2023 + CAN 1 of 2023 Dhimadhab Kar Mahapatra & Ors.

Vs.

The State of West Bengal & Ors.

Adv. N. I.Khan, Adv. B. K. Samanta, ...for the petitioners.

Adv. Sanat Kumar Roy, Adv. Abhishek Banerjee, ...for the added respondent.

Adv. Pantu Deb Roy, Adv. Subrata Guha Biswas, ...for the State.

Re : CAN 1 of 2023 Applicant seeks to be added as a party respondent to the writ petition.

By consent of the parties, the application being CAN 1 of 2023 is allowed.

The applicant be added as respondent no.4 to the writ petition.

The cause title of the writ petition be amended accordingly.

Re : WPA 2137 of 2023 Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

The petitioners submit that permanent stage carriage permits were issued in their favour by the concerned authority which are valid upto 6th March,

2027 (petitioner no.1), 1st June, 2026 (petitioner no.2) and 10th March, 2025 (petitioner no.3) respectively. A consolidated timetable was issued in favour of sixty six operators including the petitioners which was valid up to 31st October, 2022. A further consolidated timetable has been issued by the authority in respect of seventy six vehicles including the petitioners on 24th January, 2023. The petitioners made an application on 18/19th July, 2022 before the concerned authority for issuance of individual timetables in their favour which are yet to be considered. The petitioners pray for consideration of the said applications.

It is submitted on behalf of the respondents that the applications of the petitioners may be considered upon inviting objections from other operators, if any. In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the applications submitted by the petitioners dated 18/19th July, 2022 (pages 34, 37 and 40 of the writ petition) within two months from the date of communication of this order and consider grant of individual timetable in terms of the consolidated timetable issued on 24th January, 2023 upon inviting objections from other operators and affording reasonable opportunity of hearing to all the affected persons including the petitioners and the objectors, if any, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the aforesaid directions, WPA 2137 of 2023 is disposed of.

There shall however, be no order as to costs. Since no affidavit in opposition is invited, the allegations contained in the petition are deemed not to be admitted.

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

(Suvra Ghosh, J.)