M/S Mrityunjoy Transport Co v. State Of West Bengal And ORS.

14th March, 2022 (D/L No.42) (SKB) W.P.A. 3679 of 2022 M/s Mrityunjoy Transport Co.

Versus

The State of West Bengal and others Ms. Gitashree Mistry ... for the petitioner.

Mr. Amal Kumar Sen, Mr. Swapan Kumar Pal ... for the State.

Affidavit of service is kept on record.

After hearing learned counsel appearing for the parties, the writ petition may be disposed of with liberty to the petitioner to produce the new vehicle as replacement of the petitioner's old vehicle and in accordance with the provisions of Section 83 of the Motor Vehicles Act, 1988 which deals with the replacement of vehicles. The petitioner shall be at liberty of producing the same within four weeks from date, as prayed for. The respondent authorities shall thereafter consider the case of replacement within the next four weeks in accordance with the statutory terms and conditions and dispose of the application within the outer limit of five weeks.

The petitioner shall thereafter apply for renewal of the permit within two weeks. It is made clear that all

applications and disposals shall be made under relevant Provisions and Rules of the Motor Vehicles Act, 1988. W.P.A.3679 of 2022 is disposed of in terms of the above.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Moushumi Bhattacharya, J.)