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Calcutta High CourtWPA/2220/2022dismissed

Goutam Nandi v. State Of West Bengal And ORS.

2022-02-23Hon'Ble Justice Moushumi Bhattacharya2 pages

23.02.2022 sayandeep Sl. No. 44 Ct. No. 05 WPA 2220 of 2022 Goutam Nandi -versusThe State of West Bengal & Ors Mr. Bikash Chandra Das ..... for the petitioner Mr. Amal Kr. Sen Mr. Lal Mohan Basu ..... for the State The petitioner prays for direction on the appropriate authority to respond to the representations made by the petitioner on 22nd January, and 24th December, 2020.

According to learned counsel appearing for the petitioner, the respondent was directed to do the needful pursuant to an order passed by learned Single Judge on 3rd December, 2019 in WP 23336 (w) of 2018.

Learned counsel appearing for the State respondents opposes the prayer by showing the relevant statutory provisions to this Court.

Section 80(3) of the Motor Vehicles Act, 1988 provides for the procedure for application for grant of permit.

Under Section 80(3), any application for varying the condition of any permit by inclusion of a new route or new area altering an existing route shall be made in accordance with

Form-1 of the West Bengal Motor Vehicles Rules, 1989. The Schedule to the Rules; 126(1) and (4) provides for the applicable fees for an application for extension/diversion or curtailment of a route. The representations of the petitioner are evidently not in form as prescribed under the Act and Rules. The petitioner has also not paid any fees for the application for extension of the route. By reason of the above, WPA 2220 of 2022 is dismissed without any order as to costs.

The petitioner shall have the liberty for making a suitable application before the appropriate authority under the prescribed Act and the Rules.

(Moushumi Bhattacharya, J.)