Somnath Mondal & ORS v. State Of West Bengal & ORS
January 11, 2023 ARDR (161) WPA 3732 of 2020 Somnath Mondal & ors.
Vs.
The State of West Bengal & Ors.
Adv. N. I. Khan Adv. Amlan Kumar Mukherjee, ...for the petitioners.
None appears for the respondents despite service of notice.
Mr. Amal Kumar Sen, who usually appears for the State and is present in Court today, is requested to represent the State along with a learned junior of his choice in this matter.
Their appointment be regularised by the office of the learned Government Pleader.
The petitioners are directed to serve copy of the writ petition along with annexures thereto upon Mr. Sen in course of this day.
Heard learned counsels for the parties.
The grievance of the petitioners is that the respondent authorities have refused to accept the application for contract carriage permit made by the petitioners alongwith prescribed fees.
The petitioners seek liberty to submit a fresh application for issuance of contract carriage permit before the Regional Transport Authority, Kolkata region, being the 2nd respondent herein and pray for a direction upon
the authority to accept the application and grant such permit in favour of the petitioners within a stipulated time frame.
Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of with liberty to the petitioners to file a fresh application for grant of contract carriage permit alongwith requisite fees before the 2nd respondent within two weeks from date. The 2nd respondent is directed to consider and dispose of the application within eight weeks from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested parties including the petitioners, 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 3732 of 2020 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.)