Madanlal Bera v. State Of West Bengal And ORS.

WPA 12518 of 2025 N.22Sl Madanlal Bera v.

The State of West Bengal & Ors.

151/CL 16.06.25 Sl-48 Ct.551 Mr. Aashutosh Bhattacharyya Ms. Reshma Sharma ... for the petitioner.

Mr. Pantu Deb Roy Mr. Pannalal Bandyopadhyay ... for the State. (S.R.) The petitioner lays challenge to the jurisdiction of the State Transport Authority in issuing permit in respect of routes comprising different regions i.e. 1) Hatishala to Kolkata Station via Sapurji, Tata Medical Centre, Eco Space, Aliah University, Eco Park Gate 2, Akankha More, Chinar Park, Baguihati, Kestopur, Laketown, Ultadanga, Khanna, Shyambazar 5 Point (Route Code - 2579) and 2) Munshirhat Bus Stand to Sapurji Bus Stand via Bargachia, Santoshpur, Domjur, Makardah, Ankurhati, Salap, Kona, Ballyhalt, Dakshineswar, Belgharia Expressway Durganagar, Airport 1 No., Haldiram, Chinar Park, City Centre 2, Eco Park Gate No.1, Aliah University, New Town (Route Code - 2747).

The petitioner submits that Hatishala to Kolkata Station falls within North 24 Parganas region and Munshirhat Bus Stand to Sapurji Bus Stand falls within South 24 Parganas and as such, the West Bengal State Transport Authority did not have jurisdiction to issue permits in respect of the said regions. The petitioner submits that the aforesaid two routes cover various other places within the district of North 24 Parganas and

Kolkata.

Mr. Deb Roy, learned advocate appearing for the West Bengal State Transport Authority submits that the West Bengal State Transport Authority has jurisdiction to issue the aforesaid permits and that the permits have been rightly issued.

However, in view of the fact that the petitioner has already made a representation before the West Bengal State Transport Authority on March 24, 2025, it would be proper to direct the said authority to decide the issue as regards its jurisdiction at the first instance. Accordingly, the Board of the West Bengal State Transport Authority is directed to take a reasoned decision on the petitioner's representation dated April, 24, 2025 (Annexure P-5 to the writ petition), strictly in accordance with law, within a period of three months from the date of communication of this order upon affording an opportunity of hearing to all concerned including the petitioner.

It is needless to mention that the reasoned order that would be passed by the West Bengal State Transport Authority, within the period as aforesaid, shall be communicated to the petitioner within a week from passing thereof.

It is made clear that this Court has not gone into the merits of the petitioner's case and that all points are kept open to be decided by the Board of the West Bengal

State Transport Authority strictly in accordance with law. With the above observations, WPA 12518 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.)