Lal Mohan Das v. The State Of West Bengal And ORS.

21.05.2025 Court No. 25 D.Hira WPA 8288 of 2025 Lal Mohan Das Vs.

State of West Bengal & Ors.

Mr. Ratan Das.

... for the petitioner Mr. Amal Kumar Sen, ld. A.G.P., Ms. Ashima Das (Sil).

... for the State

1. Mr. Ratan Das, learned counsel appearing for the petitioner seeks leave to add the Secretary, RTA, South 24 Parganas as a party respondent in this case.

2. Leave is granted.

3. The petitioner is aggrieved that in spite of he being a valid permit holder on the route from Namkhana to Frezerganj, subsequently extended to Bakkhali Bus Stand, he has been slapped with fine by the Competent Authority on November 14, 2024, for the purported reason of plying the vehicle without the permit.

4. Mr. Ratan Das, learned counsel for the petitioner has submitted that while plying the vehicle at Bakkhali Bus Stand, the vehicle was intercepted and fined for the reason of the vehicle not being covered under the valid permit. He submits that imposition of fine is baseless, as the petitioner duly holds a valid permit up to Bakkhali Bus Stand.

5. The petitioner seeks setting aside of the order imposing fine upon the petitioner.

6. Mr. Amal Kumar Sen, learned Additional Government Pleader is representing the State.

7. Mr. Sen has submitted that at the time of interception, the petitioner has not been able to produce the connected documents including the permit.

8. Mr. Sen has pointed out that neither in the writ petition nor the representation made by the petitioner before the Regional Transport Office, Alipore at West Bengal dated January 24, 2025, the petitioner has asserted if he has produced the permit before the authority at the time of interception.

9. On perusal of the documents annexed with the writ petition, it prima facie, appears that the petitioner who has a valid permit for the route from Namkhana to Frezerganj, subsequently extended to Bakkhali Bus Stand, terminates his vehicle at Bakkhali Bus Stand. Therefore, the petitioner apparently does not appear to have violated the conditions of permit and was not plying the vehicle without any permit.

10.

Be that as it may, the petitioner might not have produced the permit before the Intercepting Authority which is resulted into imposition of penalty against him.

11.

Having considered the facts and circumstances as above, this Court is of the considered opinion that the respondent authority should immediately dispose of the petitioner's complain vide letter dated January 24, 2025.

12.

Hence, this writ petition is disposed of with the direction that let the Secretary, Regional Transport

Authority, South 24 Parganas immediately take up the petitioner's representation dated January 24, 2025 and decide thereupon by dint of a reasoned order. 13.

In doing so, the said respondent shall allow the petitioner reasonable opportunity of hearing. 14.

The entire exercise as above should be concluded within a period of four weeks from the date of communication of copy of this order.

15.

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

16.

With the directions as above, the instant writ petition being WPA No. 8288 of 2025 is disposed of, along with the pending applications, if any.

17.

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

(Rai Chattopadhyay, J.)