Tangra To Howrah Mini Bus Owners Association And ORS. v. The State Of West Bengal And ORS.
09.12.2025 In The High Court at Calcutta Ct. No. 10 Constitutional Writ Jurisdiction Sl. No. 40 Appellate Side Moumita WPA 15194 of 2025 Tangra to Howrah Mini Bus Owner's Association & Ors.
Vs The State of West Bengal & Ors.
Mr. Sankar Nath Mukherjee Mr.Niroj Gupta Ms. Manisha Paswan ...for the Petitioners Mr. N.I. Khan Mr. Amlan Kr. Mukherjee Mr. Dilip Kr. Mandal Mr. Ashok Kr. Ghosh (added respondent) ... for the Respondent Mr. Pantu Deb Roy, A.G.P.
Mr. Bikash Chakraborty ....for the State Leave is granted to the petitioner to implead the private respondent no. 2 to the array of the proceedings. Main grievance of the petitioner for rejecting the application for Re-alignment of Route S-166/1 dated 26.9.2024 was rejected by a resolution dated 27.05.2025 without giving an opportunity of hearing to the petitioner. The petitioner prays only for reconsideration of the application dated 26.09.2024 for upon affording opportunity of hearing for espousing his cause before the authority concerned.
The State-respondent vehemently opposes and submits that the petitioner has suppressed a fact that already an application for variation in respect of the selfsame route was rejected by the authority concerned in the teeth of a notification dated August 2, 2004.
After careful consideration of the case, I am of the considered view that the respondent no. 2 is directed to re-consider the application dated 26.09.2024 made by the petitioner and pass a reasoned order in accordance with law within a period of 60 days upon affording an opportunity of hearing to all the concerned parties and communicate such decision within a week thereafter. The State-respondent submits that at the time of hearing, respondent no. 2 shall consider the order of registration dated 02.08.2004 issued by the Government of West Bengal.
The matter is disposed of without taking any exception to the merits of the case.
With the above observations and directions, this writ petition WPA 15194 of 2025 stands disposed of, without any order as to costs.
However it is made clear that since the petitioners have not paid the full Court fee, the said order shall be made available in the server upon payment of the deficit court fees.
(Smita Das De, J.)