Shantanu Gupta v. State Of West Bengal And ORS.

March 22, 2024

(815) ARDR WPA 5014 of 2024 Shantanu Gupta Vs.

The State of West Bengal & Ors.

Sr. Adv. Arabinda Chatterjee, Adv. Kakali Dutta, ...for the petitioner.

Adv. Sankar Nath Mukherjee, Adv. Niraj Gupta, ...for the private respondent.

Adv. Amal Kumar Sen, Adv. Ashima Das (Sil), ...for the State.

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

The petitioner complains that permit has been issued in favour of the private respondent in violation of Section 69(1) of the Motor Vehicles Act, 1988 and the notification issued by the Principal Secretary, Government of West Bengal on 8th March, 2013. The petitioner seeks to submit a comprehensive representation in this regard before the concerned authority and prays for a direction upon the authority to consider the representation at the earliest. Learned counsel for the respondents submits that the 2nd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation ventilating his grievance before the 2nd respondent within two weeks from date. The 2nd respondent

is directed to consider and dispose of the representation within two months from the date of receipt thereof upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been 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.)