Hossenur Rahaman And ORS. v. State Of West Bengal And ORS.

S/L. 3.

July 15, 2022.

MNS.

WPA No. 14815 of 2022 Hossenur Rahaman and others Vs.

The State of West Bengal and others Mr. Kushal Chatterjee, Mr. Debrup Choudhury ... for the petitioners.

Mr. Amal Kumar Sen, Mr. Lal Mohan Basu ...for the State.

Mr. Saktipada Jana, Mr. Subhojyoti Das ...for the private respondents.

Affidavit-of-service filed in Court today be kept on record.

Learned counsel for the petitioners submits that the writ petitioners are operators on a route which was the subject matter of dispute in WPA No. 10990 of 2022 on the date of disposal of the said writ petition, that is, June 27, 2022. However, since the time tables of the present writ petitioners do not exactly tally with that of Annexure- P6 at page 71 of the said writ petition, that is, the time table which was extended lastly till April 30, 2022, the present writ petitioners will

not be able to ply their buses in the said route despite having valid permits.

Upon hearing learned counsel for the parties, it transpires that the order dated June 27, 2022 in connection with WPA No. 10990 of 2022 was passed in respect of a consolidated time table, which was referred to in Annexure - P6 at page 71 of the said writ petition, which was extended till April 30, 2022.

However, it is obvious and clear from the tenor of the said order that it does not and cannot preclude any route operators, who have applied for time table subsequent to the date when the time table appearing at page 179 of the present writ petition, was issued, from having their time tables in consonance with the time table as per the said order. As such, it is made clear that the order dated June 27, 2022 passed in WPA No.

10990 of 2022, in no way, shall prevent the respondent authorities from issuing revised time tables from time to time to further applicants, in consonance with the time table as annexed at page 179 of the present writ petition, and to accommodate the new operators therein, subject to compliance of all legal formalities.

It is further clarified that nothing in the said order or the present order shall prevent the authorities from provisionally altering the time tables of route operators as per convenience and legal yardsticks, if the authorities so feel. However, such modification will have to be in consonance with the law and due procedure.

With the above observations, WPA No.

14815 of 2022 is disposed of.

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.)