Shantipriya Saren v. State Of West Bengal And ORS.

jdt.

21.08.2023 jb.

W.P.A. 12444 of 2023 Mr. Sattiwik Bhattacharyya Mr. Aashutosh Bhattacharyya .... For the Petitioner Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State Supplementary affidavit submitted on behalf of the petitioner is taken on record.

It appears from the supplementary affidavit that during pendency of the writ petition, the Secretary, Regional Transport Authority, Purulia vide letter issued on 12th July, 2023 requested the petitioner to submit the clash free timetable for the additional trip for the route Kashipur to Purulia which was complied with by the petitioner along with letter dated 17th July, 2023. Upon receipt of the same, the authority again requested the petitioner by a letter issued on 19th July, 2023 to submit clash free timetable indicating the vacant time for the petitioner's bus from Kashipur. The petitioner complied with the said request by a letter submitted on 25th July, 2023.

Learned counsel for the petitioner submits that despite complying with all the requests made by the authority, the timetable submitted by the petitioner in respect of two round trips has not been approved.

Learned for the State respondents submits that the 4th respondent be directed to consider the issue in accordance with law.

In view of the above, this Court is inclined to hold that since the petitioner has complied with all the paraphernalia laid down by the authority, the authority be directed to consider issuance of the timetable as sought within a stipulated time frame. The writ petition is accordingly disposed of directing the 4th respondent to consider approval of the clash free timetable for the additional trip for the route Kashipur to Purulia in favour of the petitioner in terms of the resolution taken in the Board meeting held on 28th September, 2022 upon affording reasonable opportunity of hearing to the petitioner within two weeks from the date of communication of this order, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof.

It is made clear that the authority shall not invite the opinion of the 7th respondent in dealing with the issue.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)