Prabir Kumar Singha Mahapatra v. The State Of West Bengal And ORS.

12-03-2026 ct no. 10 Sl. 14 RP WPA 12618 of 2025 Prabir Kumar Singha Mahapatra -Versus- State of West Bengal & Ors..

Mr. Anish Roy, Mr. Aritro Palit ...for the petitioner Mr. K.J.Yusuf, AGP, Mr. Kazi Sajjid Alam ...for the respondent

1. Mr. Pantu Deb Roy, Ld. AGP who usually appears for the State Respondent is hereby engaged to assist this Court. His appearance be regularized along with the other advocates who are engaged in this matter by the Office of the Legal Remembrancer.

2. The petitioner challenges the administrative refusal to approve a time table scheduled on the grounds of SCHEDULE conflicts and lack of a clash free certification.

3. The petitioner's request for approval of a time table has been denied due to alleged conflicts with existing bus schedules creating inconvenience for commuters.

4. The State Respondent submits that the issue involved herein pertains to an approval of a time table which is in dispute with regard to it not being a clash free time table. From the report filed by the State, mentioned in

paragraph 17 to 19 as mentioned, it is averred that unless the class free time table for the route in Bankura (Sarenga to Bankura, Gobindanagar Bus Stand of Route Buripal to Bankura) is approved, the permit cannot be issued. The issuance of the permit cannot be given any effect unless the time table is approved by the Transport Authority.

5. The state respondents submits that as per Rule 119 of the West Bengal Motor Vehicles Rules, 1989 (hereinafter referred to as the said rules) and submits that the Transport authority must grant or refuse a Stage Carriage Permit based on a Clash free time table. The decision of the authority on the time table shall be final for the issuance of the permit

6. In conspectus of the above, this Court finds a prima facie case that the non-approval of a time table has created an impasse.

7. In effect this Court is directing the Transport authorities to resolve the dispute by jointly reviewing the time table and ensuring a clash free schedule before granting approval.

8. I direct both the Regional Transport Authorities namely Paschim Medinipore and Bankura shall hold the meeting in virtual mode and arrive at a logical conclusion in the

light of the Rule 119 of the said Rules and also considering the letter dated 21.07.2025 which has been addressed to the Secretary, RTA Bankura by the secretary, RTA, Paschim Medinipore. The respondent No. 3 shall pass a reasoned order in accordance with law preferably within a period of 4 weeks upon affording an opportunity of hearing to the petitioner and other stake holders, if any, and communicate such decision within a week there after.

9. It is made clear that both the Regional Transport Authorities shall issue a notice of hearing specifying the date, time and venue to the petitioner and other stake holders and the authority shall permit the petitioner and other stake holders to be present physically at the time of hearing.

10. The writ petition being WPA 12618 of 2025 is disposed of without taking into the merits of the case.

11. Let the letter dated 21.07.2025 be kept on record.

(Smita Das De, J.)