Anil Chowdhury And ORS. v. The State Of West Bengal And ORS.

07-01-2026 ct no. 10 Sl. 23 RP WPA 14694 of 2025 Anil Chowdhury & Ors..

-VersusState of West Bengal & Ors..

Mr. Sanat Kr. Roy, Mr. Baidurya Ghoshal ...for the petitioner Mr. Amal Kr.Sen, A.A.G, Ms. Ashima Das (Sil) ...for the State Mr. Dilip Kr. Samata, Mr. Biswapriya Samanta ...for the added respondents

1. The petitioners in the instant case are the lawful operators in the restricted field. They ply their vehicles as per the approved time table bearing No.

WB 41E/0646, WB 11C/4235, WB 41D/0105, WB 41C/1870 and WB 05076 on the respective route Memari to Katwa and other allied routes on the strength of the permits issued by the RTA, Budwan.

2. The petitioners in the instant writ petition prays inter alia, for the following reliefs:- "a) A writ in the nature of Mandamus commanding the respondents including the respondent no. 5 to take immediate steps against erring operators who are bent upon to ply their vehicles on the route beyond approved timetable violating the very condition of the permit to ensure smooth plying of the vehicles in the restricted field; b) Further Writ of Mandamus commanding the respondents to cease the illegal timetable prepared by different association over the allied route and take lawful measures for ensuring plying of the vehicles on the assigned route under the permit followed by approved timetable of the RTA;

c) A Writ of Certiorari calling upon the respondents to produce or cause to be produced all records relating to the case of the petitioners before this Hon'ble Court so that conscionable justice may be done by passing appropriate order upon perusal of the same.

d) Rule in terms of prayer (a) to (c) above;

e) Interim order directing the Regional Transport Authorities to take immediate steps to cease the timetable illegally prepared by different associations over the allied route beyond the statutory provisions in order to ensure smooth plying of vehicles in the restricted field under the permit and approved timetable issued by the authorities pending hearing of the application in the Hon'ble High Court, Calcutta."

3. Main grievance of the petitioners are against certain operators who are intending to ply their vehicles on the route beyond approved timetable violating thereby the conditions as mentioned in the permits.

4. The petitioner submits that already a notice was served upon the operators on 05.06.2025 with regard to the various issues prevailing in Maldanga-Memari route including the smooth functioning of the State project and the safe drive and save life.

5. The Additional District Magistrate (ADM) held the meeting on 10.06.2026 but some of the operators is still plying the vehicle contrary to the decision taken by the ADM.

6. Being aggrieved by such situation the petitioners made a representation before the concerned authority but the same remained pending for consideration.

7. Having heard the parties and considering the materials available on record, I direct the respondent no. 2 to consider the representation which was received on 12.06.2025 by the

department within a period of 60 days and pass a reasoned order in accordance with law upon affording opportunity of hearing to the petitioners along with the other interested persons if any, and communicate such decision preferably within a week thereafter.

8. The writ petitioner being WPA 14694 of 2025 is disposed of without taking an exception to the merits of the case.

9. However, it is made clear that at the time of hearing the respondent no. 2 shall take with a cogent reasons decision upon taking a note of an order dated 17.09.2026 passed by the Hon'ble Justice Kausik Chanda in the case of WPA 21322 of 2025 (Kusumgram Bus Malik Welfare Samity vs. State of West Bengal & Ors).

10.

Since CAN 1 of 2025 is disposed of leave is granted to Mr. Sanat Kr. Roy learned counsel appearing for the petitioner to amend the cause title in course of today.

(Smita Das De, J.)