Sk Hakik v. State Of West Bengal And ORS.

May 16, 2023 (1006) ARDR WPA 5966 of 2023 Sk. Hakik Vs.

The State of West Bengal & ors.

Adv. N. I. Khan, Adv. Amlan Kr. Mukherjee, ...for the petitioner.

Adv. Soumitra Bandyopadhyay, Adv. Subhasis Bandyopadhyay, ...for the State.

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

The petitioner holds a permanent stage carriage permit on the route Purulia to Pencildanaga and filed an application before the concerned authority on 8th August, 2022 for extension of the route from Pencildanga to Jharia. Pursuant to such application, the Secretary, Regional Transport Authority (RTA), Purulia, by a letter issued on 19th January, 2023 informed the petitioner that the RTA board meeting would be held on 24th January, 2023 at 12 noon and the petitioner was requested to attend the meeting with all original documents. The petitioner was unable to attend the meeting on the relevant date due to illness and informed the authority by a letter issued on 17th February, 2023 requesting fixation of another date of hearing.

It is submitted on behalf of the petitioner that no further step has been taken by the authority in this regard.

The petitioner prays for a direction upon the authority to consider the representation within a stipulated time frame. It is submitted on behalf of the respondents 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 directing the 2nd respondent to consider and dispose of the representation submitted by the petitioner dated 8th August, 2022 within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all the stakeholders including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the aforesaid directions, WPA 5966 of 2023 is disposed of.

There shall however, be no order as to costs. Since no affidavit in opposition 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 furnished to the parties on usual undertakings.

(Suvra Ghosh, J.)