Malay Ghora v. The State Of West Bengal And ORS.

07.02.2025.

PB Sl. No.15.

Ct. No.25.

WPA 2272 of 2025 Malay Ghora Vs.

The State of West Bengal & Ors.

Mr. Sanat Kumar Roy, Mr. Baidurya Ghosal.

... For the Petitioner.

Mr. Pantu Deb Roy, Mr. Subrata Guha Biswas.

.....for the State.

The affidavit of service filed in Court today is taken on record.

The petitioner, in this case, has challenged an order of the Chairman, Regional Transport Authority, Hooghly, dated May 6, 2022. The Chairman, Regional Transport Authority, Hooghly, has been considering the petitioner's application for grant of permit in Route No.126 Auto (Uttarpara Station Makhla Side to Dankuni), pursuant to the Court's order dated April 7, 2022, in WPA 5938 of 2022.

However, no final decision has yet been taken by the said authority in its order dated May 5, 2022, thereby still leaving the application of the petitioner for grant of auto rickshaw permit, pending till date.

Mr. Roy appearing for the petitioner, has expressed grievance as to the alleged lackadaisical attitude of the respondent authority in keeping the application of the petitioner for grant of permit pending for indefinite period, resulting into jeopardizing the petitioner's right to livelihood. Mr. Deb Roy is representing the respondent authority.

After perusing the impugned order of the Chairman, Regional Transport Authority, Hooghly, dated May 6, 2022, the Court finds that the Chairman has noted therein that if the existing bus operators are unwilling to resume their service on route, permit of the bus operators would be cancelled in accordance with law.

Therefore, it is apparent that the Chairman, Regional Transport Authority, Hooghly, has already undertaken a process to decide the petitioner's application for grant of permit on the concerned route. However, the same is yet to be concluded.

Therefore, the Court finds it proper to dispose of the writ petition, thereby directing the respondent no.3 to conclude the process of considering petitioner's prayer for grant of permit and decide thereupon, by dint of a reasoned order, within a period of eight weeks from the date of receipt of copy of this order. In doing so, the said respondent shall grant opportunity of hearing to the petitioner and any other

person or persons, as it may deem fit and proper and shall finally inform about its decision to the petitioner, within one week from the date of its order passed in this regard.

The writ petition is disposed of.

Urgent photostat website copy of this order, if applied for, shall be supplied to the parties, upon compliance of all necessary formalities.

(Rai Chattopadhyay, J.)