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Calcutta High CourtWPA/4012/2023disposed

Hasnabad Murarisha Chowmatha Rickshaw Kalyan Samity Rep.By President Shyamal Kumar Sarkar v. State Of West Bengal And ORS.

2023-05-16Hon'Ble Justice Suvra Ghosh2 pages

992(ML) 16.05.2023 16.05.2023 Ct. No.10 b.das WPA 4012 of 2023 Hasnabad Murarisha Chowmatha Auto Rickshaw Kalyan Samity & Ors.

Vs.

The State of W.B. & Ors.

Mr. S.N. Mukherjee Mr. Niraj Gupta Ms. A. Nusrat ...for the petitioners.

Mr. Chandi Charan De Mr. A. Sarkar ...for the State.

Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

The petitioners claim to be an association comprising auto rickshaw operators/permit holders and submit that the respondents are issuing auto rickshaw permits to several operators in violation of the notification issued by the Transport Department, Government of West Bengal being No.268-WT/3M-01/2010 (Pt.-I) dated 29th January, 2010.

The petitioners submitted several representations before the concerned authority, being annexure P-4 to the writ petition collectively, which are yet to be considered. The petitioners pray for a direction upon the concerned authority to consider the representations at the earliest.

Learned counsel for the respondents submits that the 2nd respondent be directed to consider the representations in accordance with law.

In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representations submitted by the petitioners (annexure P-4 to the writ petition collectively) within a period of six weeks from the date of communication of this order after granting reasonable opportunity of hearing to all the stakeholders including the petitioners and in the light of the notification dated 29th January, 2010 referred to earlier, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the above observations and directions this writ petition being WPA 4012 of 2023 is disposed of. However, there shall 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)