Somnath Maity v. State Of West Bengal And ORS.

26.03.2025 Court No. 25 D.Hira WPA 5812 of 2025 Somnath Maity Vs.

The State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das, Ms. Sudipta Pramanik.

... for the petitioner Mr. Pantu Deb Roy, ld. A.G.P., Mr. Subrata Guha Biswas.

...for the State

1. Affidavit-of-service filed in Court today is taken on record.

2. The petitioner has been transferred with the permit of his deceased father, which was granted on December 20, 1999 to the said deceased father. The date of transfer of the permit to the petitioner is November 16, 2011.

3. Since after transfer of the permit, the petitioner has been operating on the basis of the same and the permit has been renewed from time to time thereafter.

4. The permit has last been renewed with effect from December 20, 2019 and was valid till December 19, 2024.

5. Mr. Sakti Pada Jana, learned counsel appearing for the petitioner has submitted that in accordance with the statutory provision and within the stipulated period, the petitioner has applied for renewal of his permit vide his application dated September 11, 2024.

6. Allegedly, the petitioner is aggrieved due to nonconsideration thereof by the respondent authority till

date, resulting into petitioner's operation over the said route, being stopped, since after expiry of the permit period.

7. Mr. Pantu Deb Roy, learned Additional Government Pleader is appearing in the case through virtual mode. He has relied on a written instruction submitted in Court by learned Junior Mr. Subrata Guha Biswas.

8. The said written instruction is dated March 20, 2025, by the Secretary State Transport Authority, West Bengal. Let the same be taken on record.

9. On the basis of the same, Mr. Deb Roy submits that the route upon which the petitioner has been plying his vehicle is not comprised within the Reciprocal Transport Agreement, which is claimed to have formulated the route and permit was granted over there.

10.

Having heard the learned counsels for the respective parties and perusing the records, it is found proper to dispose of the present writ petition by directing the respondent no. 2/State Transport Authority, West Bengal to immediately consider the petitioner's application for renewal of permit dated September 11, 2024 within a period of three weeks from the date of communication of copy of this order. 11.

The said respondent shall afford opportunity of hearing to the petitioner and also consult with other authority as it may deem fit and proper. A reasoned order should be passed ventilating its decision as regards the application for renewal of permit of the petitioner dated September 11, 2024, if not the said

application is allowed immediately, by the said authority.

12.

Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents.

13.

With the above observations and directions, the writ petition being No WPA 5812 of 2025 is disposed of, along with the pending applications, if any. 14.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)