Chanchal Kumar Samanta And ANR. v. The State Of West Bengal And ORS.

19.11.2024 Court No. 25 D.Hira WPA 16219 of 2024 Chanchal Kumar Samanta & Anr.

Vs.

State of West Bengal & Ors.

Mr. Allen Felix.

... for the petitioners Ms. Sonal Sinha, Mr. Amrit Lal Chatterjee.

... for the State 1.

Mr. Allen Felix, learned counsel appearing for the petitioners intends to add the Chairman and Secretary of the Regional Transport Authority, Bankura, to be party respondents in this case. 2.

Leave is granted. Let necessary amendment in the cause title of the writ petition be effected by Mr. Allen Felix, learned counsel appearing for the petitioners, by incorporating the Chairman as well as Secretary, Regional Transport Authority, Bankura as party respondents in this case.

3.

The petitioners' application for curtailment as well as extension of the route upon which it is operating, has been allowed in the Board Meeting of RTA, Purba Burdwan dated September 16, 2023.

4.

The resolution may be extracted as follows:- "The extension and curtailment portion falls under the RTA, Bankura. The application alongwith all records in this regard is hereby forwarded to the RTA, Bankura for enquiry and for providing NOC. If NOC be received, the said extension is hereby allowed after submission of clash free time table."

5.

The writ petitioners are aggrieved that in spite of being informed, the RTA, Bankura has still not considered and acted upon the requests made by the Secretary, RTA, Purba Burdwan by granting 'No Objection Certificate' in respect of the extension of route, which lies within the geographical limits of district Bankura.

6.

Hence, this writ petition is filed by the petitioners. 7.

Admittedly, the extended route on which the petitioners have been permitted to operate, by the Chairman, RTA, Purba Burdwan, lies within the geographical limits of Bankura District and thus, the route becomes an inter-regional route spreading over through the two districts, that is, Purba Burdwan and Bankura.

8.

Therefore, in terms of the provisions of law, the Reciprocating and Counter-signing authority at Bankura has to issue a 'No Objection Certificate' as to the extension of route, already granted by the originating regional authority.

9.

Admittedly also, the requests have been made before the RTA, Bankura for issuance of 'No Objection Certificate' which has not yet been issued.

10. Considering the facts as above, the present writ petition is disposed of by directing RTA, Bankura to immediately consider and issue 'No Objection Certificate', if it deems fit and proper after meeting all the necessary formalities, with respect to the requests of RTA, Purba Burdwan for extension of permit in the route up to Santoshram .

11. The RTA, Bankura shall conclude the exercise as above, within a period of three weeks from the date of communication of copy of this order.

12. Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents.

13. This writ petition being WPA No. 16219 of 2024 is disposed of, along with the pending applications, if any.

14. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)