Soumen Bhattacharyya v. The State Of West Bengal And ORS.

S/L 6 11.11.2025 Court No.10 Swd WPA 15198 of 2025 Soumen Bhattacharyya Vs.

The State of West Bengal & Ors.

Ms. Kakali Dutta ... for the Petitioner.

Mr. Pantu Deb Roy, Ld. A.G.P Mr. Pannalal Bandyopadhyay.

... for the State.

Mr. S. Kumar Ray, Mr. Atanu Basu.

... for the Respondent No.5 & 6.

1. Affidavit of service be kept with the record.

2. The parties are represented through the learned Counsels.

3. The petitioner, in the instant case, is a permit holder for plying a vehicle in the route Arambagh to Ghatal via Khirpai. The Permanent Stage Carriage Permit was issued by the Regional Transport Authority, Hooghly in respect of the vehicle bearing No.WB 17N 2569.

4. Main grievance of the petitioner is with regard to the issuance of the Permanent Stage Carriage Permit in respect of the Respondent No.6 by the Regional Transport Authority , Hooghly in respect of the vehicle No.WB 15A 6349 for plying in the route Tarakeswar to Balidenganj via Chanpadanga Arambagh and another Permanent State Carriage permit in respect of the Respondent No.7 for plying vehicle No.WB 15A 6129 in the route Chuchura to

bankura via Tarakeswar, Arambagh, Kotulpur and Bishnupur.

5. The petitioner submits that the respondent Nos.6 and 7 are plying their vehicle illegally and unauthorisedly, despite the fitnees certificate has being expired. It is further submitted that the fitness certificate in respect of the vehicle No.WB 15A 6349 has been fraudulently obtained from Bihar.

6. The petitioner has already made a representation dated 29th May, 2025 which was received by the department on 30th May, 2025. Till date the said representation is pending for consideration.

7. The learned Counsel for the respondent Nos. 6 and 7 submits that the petitioner is making unfounded allegations already one vehicle has been scraped and the other vehicle is plying with a valid papers.

8. The learned Counsel appearing for the State does not object to the same but submits that upon consideration if any gross irregularities are revealed then the authority shall probe and take cognizance of the issue in accordance with law..

9. After hearing the rival contentions of the parties and considering the materials available on record, I direct the Motor Vehicles Inspector (Technical), Director, Public Vehicle Department to make independent enquiry and consider the representation dated 29th May, being annexure P5 at page 40 of the writ petition by

passing a reasoned order within the period of eight weeks in accordance with law upon affording opportunity of hearing to the petitioner. Such order shall be communicated to the concerned parties accordingly preferably within a week thereafter.

10. With the above observation and directions, this writ petition WPA 15198 of 2025 is disposed of without any order as to costs. It is made clear if the Director, Public Vehicle Department finds any element of gross irregularities on the part of the respondent Nos.6 and 7 then the authority concerned shall forthwith take appropriate steps in accordance with the law.

11. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Smita Das De, J.)