Naba Poddar v. State Of West Bengal And ORS.

05.06.2023 rc/ct.no.10 Item No.996 WPA No. 7561 of 2023 Naba Poddar

Versus

The State of West Bengal & Ors.

Mr. Sanat Kumar Roy Mr. Abhishek Banerjee ..for the petitioner Mr. Amal Kumar Sen Mr. Jaladhi Das ....for the State Affidavit of service filed in Court today is taken on record.

It is contended on behalf of the petitioner that the petitioner applied for issuance of stage carriage permit on the route Samudragarh to Pandua via Kalna, Inchura on October 28, 2022 pursuant to which the Secretary, Regional Transport Authority, Purba Burdwan, by a letter issued in favour of the Secretary, Regional Transport Authority, Hooghly on January 01, 2023 requested issuance of No Objection Certificate under Rule 103 of the West Bengal Motor Vehicles Rules, 1989 in favour of the petitioner. Such No Objection Certificate is still pending. The petitioner prays for a direction upon the Regional Transport Authority, Hooghly to issue No Objection Certificate in his favour and a direction upon the Regional Transport Authority, Purba Burdwan to consider his application upon receipt of the No Objection Certificate within a stipulated time frame.

Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of directing the 2nd respondent to consider the letter issued by the Secretary, Regional Transport Authority, Purba Burdwan on January 05, 2023 for issuance of No Objection Certificate in favour of the petitioner and communicate the said decision to the Secretary, Regional Transport Authority, Purba Burdwan within four weeks from the date of communication of this order. The Regional Transport Authority, Purba Burdwan, being the 2nd respondent herein, is directed to consider and dispose of the application submitted by the petitioner within four weeks from the date of receipt of the communication from the Regional Transport Authority, Hooghly upon affording reasonable opportunity of hearing to the petitioner, in accordance with law.

With the above observations and directions this writ petition is disposed of.

There shall be, however, 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)