Abdul Qadir Ansari And ORS. v. State Of West Bengal And ORS.

07.07.2022 TN WPA No. 13462 of 2022 Abdul Qadir Ansari and others Vs.

The State of West Bengal and others Md. Mansoor Alam .... for the petitioners Mr. Amal Kr. Sen, Mr. Lal Mohan Basu .... for the State Affidavit-of-service filed in court today be kept on record.

Learned counsel appearing for the petitioners contends that resistance was created by the local auto rickshaw union and certain other auto rickshaw owners to the petitioners plying their auto rickshaws on the concerned route.

In spite of several representations being given to the authorities (one of which has been annexed at page 34 of the writ petition), nothing has been done by the authorities to redress such issue.

The petitioners are not being able to ply their auto rickshaws despite having valid permits from the authorities. When the police were approached, it is

alleged, the police expressed their inability in the absence of any specific direction from the transport authorities on such score.

Learned counsel appearing for the respondentauthorities, in his usual fairness, submits that the matter may be referred to the Additional District Magistrate (Transport), District: South 24 Parganas, who, at an administrative level, can take adequate steps to resolve the issue between the petitioner and the local union and/or other auto rickshaw operators in the area, either amicably or by resorting to due process of law.

In view of such reasonable solution having been offered by the respondent-authorities through counsel, WPA No.13462 of 2022 is disposed of by directing the petitioners to serve a copy of the representations-in-question, along with a copy of the writ petition and a server copy of this order on the Additional District Magistrate (ADM), (Transport), District: South 24 Parganas at the earliest. As and when such copy is served on the ADM (Transport), the latter shall take urgent steps in seeking to redress the issue upon hearing all the concerned parties and looking into the relevant materials as expeditiously thereafter as possible.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)