Kamaluddin Laskar And ORS. v. The State Of West Bengal And ORS.

May 20, 2024 ARDR (1025) WPA 12618 of 2024 Kamaluddin Laskar & ors.

Vs.

The State of West Bengal & ors.

Adv. N. I. Khan, ...for the petitioners.

Adv. Amal Kumar Sen, Adv. Lal Mohan Basu, ...for the State.

Affidavit of service filed on behalf of the petitioners and the report submitted on behalf of the State respondents are taken on record.

Heard learned counsels for the parties.

The petitioners are contract carriage permit holders in respect of route no.228 from Thakurpukur to Mohanpur, route no. 191 from Thakurpukur to Bankra and route no. 114 from Bankrahat to Behala Chowrasta. The petitioners allege that several autos are being plied in the said routes illegally without permit being issued in their favour which is adversely affecting the business of the petitioners in the said routes. The petitioners submitted a representation before the concerned authority in this regard on 3rd April, 2024 which is yet to be considered. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

Learned counsel for the respondents submits that a similar prayer was made before this court by some

permit holders in WPA 10082 of 2023 and the matter is being dealt with by the concerned authority pursuant to an order dated 4th September, 2023.

In view of the above, this Court is inclined to holder that since the present writ petition involves three routes, the representation submitted by the petitioners on 3rd April, 2024 be dealt with by the authority, being the 4th respondent herein along with the earlier matter upon hearing all concerned including the petitioners, in accordance with law. The 4th respondent shall dispose of the representation within eight weeks from the date of communication of this order.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the aforesaid observations and directions, the writ petition is disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been 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.)