Sajal Das v. State Of West Bengal And ORS.

17.03.2026 Ct. no.10 Sl. No.18 b.r.

WPA 2566 of 2026 Sajal Das Vs.

The State of West Bengal & Ors.

Mr. Dilip Kumar Samanta Mr. Biswapriya Samanta .... For the petitioner Mr. Amal Kumar Sen, Ld. AAG Mr. Lal Mohan Basu ..... for the State.

1. Heard the parties through their respective learned counsels.

2. The petitioner is a holder of a permanent stage carriage permit being P.St.P.140/88-89 on the route Durgapur Railway station to Andal Railway station via Benachity which has been initially issued in favour of M/s. Ma Mansa Transport service and subsequently transferred in favour of the petitioner by the resolution of the respondent no.2 as held in a meeting dated 22.11.2023.

3. It is submitted that the old vehicle has been replaced by a new stage carriage bearing Registration no. WB37C-9560 by virtue of an order of replacement dated 16.01.2026 on the basis of an undertaking that the petitioner would complete the entire route during the

course of operation of his vehicle. However, such undertaking has not been recorded in the replacement order as would appear from the endorsement made in the Part-B of the permit.

4. It is also submitted by the petitioner that in respect of another vehicle on the self-same route applied for curtailment from Bhiringhee More to Andal Station which has been considered in pursuance of an order dated 07.02.2020 by the Co-ordinate Bench of this Court.

5. During the course of operation of the stage carriage on the route between Durgapur Railway station and Andal Railway Station via Benachity, it has appeared to the petitioner that the stretch between Bhiringhee More and Andal Station covering a distance of 10 KM is economically non-viable as the entire stretch is highly congested due to plying of Totos and Autos. Consequently, the stage carriage service on the said route has been turned out to be non profitable.

6. In view of the serious economic non-viability faced during the course of operation of his vehicle on the route covered by the permit, the petitioner submitted an application before the respondent no.2 on 10.12.2024 praying, inter alia, for curtailment of the portion from Bhiringhee More to Andal Station in respect of the permit issued by the respondent no.2

in favour of the petitioner, however, the same remains pending for consideration.

7. The State-respondents do not object to the consideration of the application and the representation made by the petitioner.

8. After careful consideration of the case and upon perusing the materials available on record, I direct the respondent no. 2 to consider the application made in the prescribed form along with the representation which are being annexed at p-5, pages-24 to 26 to the writ petition be considered within a period sixty days by passing a reasoned order in accordance with law upon affording an opportunity of hearing to the petitioner and the other interested persons, if any, and communicate such decision within a week thereafter.

9. With the above observations, the writ petition, WPA 2566 of 2026 stands disposed of, without going into the merits of the case.

10. Photostat certified copy of this order, if applied for, be furnished expeditiously.

11.

(Smita Das De, J.)