Nand Kishor Shaw & ORS v. State Of West Bengal & ORS

W.P.A. 2135 of 2020 (Through Video Conference) rkd 15.11.2021 Ct.05 Nand Kishor Shaw & Ors.

-vsThe State of West Bengal Mr. Kanishk Sinha ....for the petitioners.

The grievance of the petitioners relates to an application made for L.P.G. Auto on a particular route from Howrah Station to Don Bosco on 21st December, 2018. Since the Regional Transport Officer being the respondent no.1 did not respond to such applications, the petitioners followed up the said applications several times thereafter including on 20th January, 2020. The reminders mentioned the fact that the authorities have not taken any steps for processing the applications and the hardship faced by the petitioners as a consequence thereof.

The affidavits mentioned that the respondent has been served.

In view of the unexplained delay on the part of the respondent in processing the applications of the petitioners and the failure to even consider the reminders sent thereafter in January, 2020, W.P.A. 2135 of 2020 is disposed of with a direction on the Regional Transport Officer, Howrah to dispose of

the applications within four weeks from the date of communication of this order.

This Court is of the view that the respondent should also bare the consequences of the long inexplicable delay in failure to process the applications within a reasonable time framed. The respondent should be answerable for the loss of earnings and opportunity suffered by the petitioners for which the respondent is solely liable. Since the applications were made in December, 2018 no action has been taken for almost three years, the respondent shall pay costs to the petitioners to the extent which are reasonably assessed at Rs.21,000/- within a fortnight from date. The costs, though insignificant compared to the prejudice caused, are imposed as a small measure of relief to the petitioner for the lack of accountability on the part of the respondent. The costs shall be equally distributed between the petitioners.

W.P.A. 2135 of 2020 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)