Khondakar Parvej Ali v. State Of West Bengal And ORS.

11.07.2022.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 10287 of 2022 Khondakar Parvej Ali -vs.- State of West Bengal & Ors.

Mr. Pinaki Ranjan Chakraborty ...for the petitioner Mr. Raja Saha, Mr. Debraj Sahu ...for the State Despite service, none appears for the respondent nos. 2 to 4, although the petitioner and the respondentState are represented through counsel. Affidavit-of-service filed in Court today be kept on record.

The innocuous prayer made in the writ petition is that the petitioner's representation (captioned as an "appeal for amicable solution regarding hiked rates"), annexed at page 26 (Annexure P-8) to the writ petition, has not been considered as yet by the respondentauthorities. The petitioner's grievance is that despite the subsistence of an agreement between the petitioner and the South Bengal State Transport Corporation, by virtue of which the rate payable per kilometer was Rs.26, the said rate was unilaterally increased by the respondent no. 2 to

Rs.31 per kilometer.

Such enhancement is in contravention of the contract, it is contended. Be that as it may, since the scope of the present writ petition is limited, W.P.A. No. 10287 of 2022 is disposed of by directing the respondent nos. 2 to 4 to consider and decide on the representation dated April 11, 2022 (Annexed at page 26 of the writ petition) upon giving opportunity of representation/hearing to the petitioner and other stakeholders, if there be any, as expeditiously as possible, preferably within four weeks from the date of communication of this order to the said respondents. The petitioner shall communicate this order to the absentee respondent nos. 2 to 4 at the earliest to ensure compliance of the order.

It is, however, made clear that the merits of the contentions raised by the petitioner in the present writ petition have not entered into by this Court. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)