Shribas Mandal And ORS. v. State Of West Bengal And ORS.
Item.
19.06.2025 WPA 12943 of 2025 Shribas Mandal & others.
-vsThe State of West Bengal & others.
Mr. Soumen Bhattacharjee Mr. Ankan Das ...for the petitioners Mr. Pantu Deb Roy, Ld. AGP Mr. Pannalal Bandopadhyay ...for the State The writ petitioners complain that the Regional ssi Ct. 551 Transport Authority, South 24 Parganas at Alipur is not accepting the writ petitioners applications for granting Contract Carriage Permit (Auto- rickshaw) to be plied on Route Gosaba Ferry Ghat to Pakhiralay Tourist Destination via Chandimore, Pakhiralay School. The writ petitioners refer 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 petitioners submit that vacancies are available for the petitioners to be granted permit in respect of such route.
The learned advocate appearing for the State respondents denies that the Regional Transport Authority, South 24 Parganas is not accepting the application of the
writ petitioners as alleged. It is further submitted that the writ petitioners 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, South 24 Parganas at Alipur to accept the writ petitioners application for grant of permit in respect of contract Carriage Permit (Auto Rickshaw), if such applications are 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 petitioners make and tender applications for grant of permit, as aforesaid, in accordance with law along with requisite fees, the Secretary, Regional Transport Authority, South 24 Parganas at Alipur shall accept the same forthwith in accordance with law. The respondent no.2 i.e. the Regional Transport Authority, South 24 Parganas at Alipur shall then consider such application of the writ petitioners 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 petitioners an opportunity of hearing.
It is needless to mention that the Regional Transport Authority, South 24 Parganas 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 12943 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.)