Yatri Automobiles And ANR v. State Of West Bengal And ORS.
21.04.2025 Court No. 25 D.Hira WPA 3907 of 2025 Yatri Automobiles & Anr.
Vs.
The State of West Bengal & Ors.
Ms. Payel Mitra.
... for the petitioners Mr. Suman Ghosh, Mr. Arka Mondal.
... for the State
1. The petitioner no. 1 is the sole proprietor firm and the petitioner no. 2 is the proprietor thereof, who have filed the present writ petition to seek relief as under, along with other ancillary prayers:- (a). A writ in the nature of mandamus directing the respondent authorities to consider the representation dated 04.09.2024, 23.10.2024, 04.02.2025 and legal notice dated 23.12.2024 being Annexure "P- ";
(b). A writ in the nature of mandamus directing the respondent authorities to consider the representation dated 04.09.2024, 23.10.2024, 04.02.2025 and legal notice dated 23.12.2024 made by the petitioners before the respondents and ensure smooth running fo the business of the petitioners by ensuring to follow the respective guidelines in Clause No. ii, iii, iv of Memo No. 2609(45)-WT dated 28.07.2016 and Clause No. 1, 2, 3 of Memo No. 1572 dated 06.12.2019;
(c ). A writ in the nature of mandamus directing the respondent authorities to cause an appropriate inspection in respect of the vehicles being E-rickshaw manufactured by the petitioner complying with the rules contained in the Central Motor Vehicle Rules, 1989."
2. As per the Court's direction a report has been filed in Court today, that is, by the Additional Regional Transport Officer, Durgapur dated March 25, 2025. Let the same be taken on record.
3. According to the respondent, the petitioners contentions cannot be accepted since the petitioners have not followed the guidelines of the Transport Department, in connection with maintenance of stock register.
4. Having heard the learned counsels for the parties and having perused the records, it is found proper to dispose of the present writ petition with the following directions:- (i). Prayer A, B and C of the writ petition as mentioned above are allowed;
(ii). Let the respondent No. 2/the District Magistrate, Paschim Bardhaman consider the representations of the petitioners as above, after affording him an opportunity of hearing and by dint of a reasoned order;
(iii). Let the exercise as above be concluded by the said respondent within a period of four weeks from the date of communication of copy of this order.
5. Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents.
6. With the above observations and directions, the writ petition being No WPA 3907 of 2025 is disposed of, along with the pending applications, if any.
7. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Rai Chattopadhyay, J.)