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Calcutta High CourtWPA/7871/2021disposed

Ashila Begam v. The State Of West Bengal And ORS

2021-09-02Hon'Ble Justice Shekhar B. Saraf2 pages

02.9 W.P.A. 7871 of 2021 Ashila Begam -VersusThe State of West Bengal & Ors.

( Via Video Conference ) Ct.

No.

akb Mr. Bhaskar Nandi ...For the Petitioner Mr. Pantu Deb Roy Mr. Pannalal Bandyopadhyay ...For the State Respondents This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by non-consideration of her representation dated January 02, 2020 with regard to her prayer for issuance of a permanent Stage Carriage Permit in terms of the offer letter with the approval of timetable as proposed by the petitioner. Subsequent to issuance of the offer letter dated November 15, 2019, the Authorities have written to the Secretary, Birbhum Zilla Bus Malick Samity and Secretary, Birbhum District Bus & Minibus Owner's Association written to the Secretary, Regional Transport Authority, Birbhum, for their opinion on the timetable as proposed by the petitioner. Till date, no reply has been received from the said two associations.

Learned Counsel for the petitioner further submits that there is no requirement of any such approval taken by the respondents.

Learned Counsel for the State respondents fairly submits that there has been some delay and the authorities shall immediately consider the representation dated January 02, 2020.

I have heard learned Counsel appearing on behalf of parties and perused the materials placed on record. In the light of the above submission, I direct the Authorities concerned are directed to issue a permanent stage carriage permit to the petitioner within a period of four weeks on the basis of the offer letter dated November 15, 2019 unless there is any statutory impediment. With the aforesaid direction, the writ petition is disposed of. There will be no order as to costs. Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.

( Shekhar B. Saraf, J.)