Soumen Mondal And ORS. v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side Ct.551 10.06.25 Item No.58 Sws.M WPA 11894 of 2025 Soumen Mondal & Ors.

Vs The State of West Bengal & Ors.

Mr. N.I. Khan Mr. Amlan Kr. Mukherjee Mr. Dilip Kr. Mandal ....for the petitioners Mr. Pantu Deb Roy, Ld. AGP Mr. Pannalal Bandopadhyay ...for the State The writ petitioner complains that the Regional Transport Authority, Kolkata Region is not accepting the writ petitioner's application for granting Stage Carriage Permit (Maxi Cab) to be plied on Route MT-16 (Jharkhali Balirkhal to Canning Via Natunhat. The writ petitioner refers to an order No.1183-WT dated March 30, 2012 issued by the Joint Secretary Transport Department to highlight that "the Regional Transport Authorities are not always accepting the applications and/or fees for different matters such as grant of route permit". The writ petitioner has also raised a grievance that of all the permits that had earlier been granted for the said route, some of them have already been cancelled and as such, vacancies are available for the petitioner to be granted permit in respect of such route.

The learned advocate appearing for the State respondents denies that the Regional Transport Authority, Kolkata Region is not accepting the application

of the writ petitioner as alleged. It is further submitted that the writ petitioner's allegation that vacancies are available in respect of the said route is wholly unfounded. Without going into the merits of the controversy, as regards the existence/availability of the vacancies in respect of the relevant route, this Court is of the view that for the present moment an order directing the Secretary, Regional Transport Authority, Kolkata Region to accept the writ petitioner's application for grant of permit in respect of Stage Carriage Permit (Maxi Cab), if such application is made and tendered in accordance with law along with the requisite fees, shall serve the ends of justice.

It is, therefore, directed that in case, the writ petitioner makes and tenders an application for grant of permit, as aforesaid, in accordance with law along with requisite fees, the Secretary, Regional Transport Authority, Kolkata Region shall accept the same forthwith in accordance with law. The respondent no.2 i.e. the Regional Transport Authority, Kolkata Region shall then consider such application of the writ petitioner and dispose of the same strictly in accordance with law within a period of eight weeks from the date of making such application along with requisite fees upon giving the petitioner an opportunity of hearing.

It is needless to mention that the Regional Transport Authority, Kolkata Region shall dispose of the said application by passing a reasoned order within the aforesaid time frame and shall communicate such reasoned order to the writ petitioner within a period of one week from the date of passing thereof.

With the above observations, WPA 11894 of 2025 is disposed of.

There shall, however, be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai , J.)