Asansol Mini Bus Association And ANR v. State Of West Bengal And ORS.

December 02, 2022 ARDR (86) WPA 4277 of 2021 Asansol Mini Bus Association & anr.

Vs.

The State of West Bengal & Ors.

Adv. Durga Prasad Dutta, Adv. Sumanta Ganguly, ...for the petitioners.

Adv. Pantu Deb Roy, Adv. Anand Farmania, ...for the State.

Exception used by the writ petitioners to the report in the form of affidavit submitted by the respondent nos. 5 and 8 is taken on record The petitioners refer to notifications dated 14th August, 2018 and 26th July, 2019 respectively issued by the Transport Department, Government of West Bengal, wherein it is recorded that no unauthorised auto rickshaw without having any valid registration and/or permit shall be allowed to ply in the State after the date notified by the Transport Department. Such restriction was also extended to the areas under the KMC, on National Highways, State Highways and on roads covered by bus routes by the notification dated 26th July, 2019. The petitioners pray for a direction upon the authority to act in terms of the said notifications.

Placing reliance on the report in the form of affidavit submitted on behalf of the respondent nos. 5 and 8, learned counsel for the respondents submits that both the notifications are being acted upon by the respondents and

in doing so, action has been taken by the respondents against e-rickshaws violating the guidelines and norms issued by the Transport Department.

In view of the above, nothing further remains to be adjudicated in the writ petition.

However, it is expected that the respondents shall continue to act in terms of the notifications dated 14th August, 2018 and 26th July, 2019 and also the provisions laid down under the law in curbing unauthorised plying of auto rickshaws.

With the aforesaid directions, writ petition WPA 4277 of 2021 is disposed of. There shall however, be no order as to costs.

Since no affidavit 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 upon compliance of necessary formalities.

(Suvra Ghosh, J.)