Calcutta High CourtWPA/12619/2024disposed

Amir Molla And ORS. v. State Of West Bengal And ORS.

2024-05-22Hon'Ble Justice Suvra Ghosh2 pages

22.05.2024 rc/ct.no.10 Item No.1027 WPA No. 12619 of 2024 Amir Molla & Ors.

Versus

The State of West Bengal & Ors.

Mr. N.I.Khan ...for the petitioners Mr. Pantu Deb Roy Mr. Pannalal Bandopadhyay ...for the State Mr. T. Kumar Dey Ms. Saswati Ghosh Sinha ...for the respondents No. 17 and 18 Affidavit of service filed in Court today is taken on record.

The petitioners are holders of permanent stage carriage permits in the notified route being 213, 213/1 and 213A. The petitioners complain that the private respondents who have been granted permits for the route Jibantala CTC bus stand to Bagnan CTC bus stand have been plying their vehicles in the route traversed by the petitioners, thereby jeopardizing their business. The petitioners submitted a representation in this regard before the concerned authority on April 05, 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 private respondents submits that the private respondents have been plying their respective vehicles in terms of the permits issued in their favour.

Learned counsel for the State respondents submits that the 2nd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation dated April 05, 2024 within one month from the date of communication of this order upon affording reasonable opportunity of hearing to all the stake holders including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. 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)