Md Umar v. State Of West Bengal And ORS.

632 (ML) 07.02.2023 07.02.2023 Ct. No.10 b.das WPA 9128 of 2021 Md. Umar Vs.

The State of West Bengal & Ors.

Mr. D. K. Samanta Mr. B. Samanta ...for the petitioner.

Mr. Pantu Deb Roy Mr. A. Farmania ...for the State.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that the bus belonging to the petitioner bearing Registration No.JH02AB-1432 was intercepted by the Motor Vehicles Inspector (Enforcement) on 19th March, 2021 due to alleged non-payment of tax and additional tax.

The petitioner submitted an application for release of the vehicle along with all relevant documents before the District Magistrate and Collector, Paschim Bardhaman, being the 4th respondent herein on 23rd March, 2021 which was received by the latter on 26th March, 2021, which is yet to be considered.

The petitioner prays for a direction upon the said respondent to consider the application of the petitioner at the earliest.

Upon consideration of the submissions made on behalf of the parties, the writ petition is disposed of

directing the 4th respondent to consider and dispose of the application submitted by the petitioner dated 23rd March, 2021 within a period of six weeks from the date of communication of this order, upon affording reasonable opportunity of hearing to the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereafter. With the above observations and directions this writ petition being WPA 9128 of 2021 is disposed of. However, there shall be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)