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Calcutta High CourtWPA/12622/2024disposed

Subrata Karmakar v. The State Of West Bengal And ORS.

2024-05-24Hon'Ble Justice Suvra Ghosh2 pages

24.05.2024 rc/ct.no.10 Item No.20 WPA No. 12622 of 2024 Subrata Karmakar

Versus

The State of West Bengal & Ors.

Mr. Debabrata Saha Roy Mr. Neil Basu Mr. Sankha Biswas ...for the petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the State Affidavit of service submitted on behalf of the petitioner in Court this day is taken on record. The grievance of the petitioner is that the respondent authorities have taken a resolution on February 06, 2024 whereby applications for issuance of permits have been approved in violation of the Notification dated February 11, 2005 issued under Section 99 of the Motor Vehicles Act, 1988. The petitioner submitted an objection on March 05, 2024 in this regard before the concerned authority which is yet to be considered. The petitioner prays for a direction upon the authority to consider the objection at the earliest. Learned counsel for the respondents submits that the 3rd respondent be directed to consider the objection in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the objection dated March 05, 2024 within one month from the date of communication of this order upon affording

reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. The resolution taken on February 06, 2024 in so far as the serial nos. 38 to 42 are concerned be stayed till communication of the decision to the petitioner. With the above observations and directions this 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 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)