Abul Kalam And ORS. v. The State Of West Bengal And ORS.

(CPAN 1184 of 2025) in WPA 16372 of 2024 06.03.2026 Abul Kalam & Ors.-vs-The State of West Bengal & Ors.. ct.652,sl.48 Mr. N.I.Khan sk Mr. Amlan Kr. Mukherjee Mr. Dilip Kr. Mandal Mr. Chiranjib Das ...for the petitioner.

Mr. Pantu Deb Roy,Ld. AGP Mr. Pannalal Bandopadhyay ....for the alleged contemnor

1) Parties are represented.

2) Mr. Khan, learned advocate for the petitioner has submitted that the authorities have issued permits even after the Court's order dated July 5, 2024 and in violation thereof. This has been objected to by Mr. Deb Roy, learned AGP appearing for the alleged contemnor.

3) According to Mr. Deb Roy, learned A.G.P., there has been some change in circumstances, post passing of order by this Court dated July 5, 2024. He has referred to an order of the Secretary, Regional Transport Authority, North 24-Parganas dated August 13, 2024; the following portion thereof in particular:- "To implement the notification 3838WT/TR/3M-51/2010 dated-0310/2016 requires detailed guideline under the Modus

Operandi of the Transport Department as because it is a policy related matter. A clarification will be sought from the Transport Department in the said matter. After receiving the clarification, the direction will be complied accordingly".

4. He has submitted in Court a "Clarification" dated January 20, 2026, of the Secretary to the Department of Transport, Government of West Bengal, which speaks as follows:- "The Governor is pleased to clarify and/or modify that, with respect to Notification No. 3838-WT/TR/3M-51/2010 dated 03.10.2016 that:-

1. The said Notification does not exempt an applicant from payment of permit fees for each district/region in cases where the route(s) extend beyond a single district/region, and

2. For the purpose of functioning of the State Transport Authority, West Bengal (STA), WB), each administrative/revenue district shall be treated as a separate region for the issuance of an inter-region permit.

This clarification shall come into immediate effect".

5. Mr. Deb Roy, learned AGP, for the alleged contemnor seeks accommodation today so that necessary steps can be taken in furtherance of

the Court's order as above, in terms of the changed circumstances.

6. Considering all as narrated above, the accommodation is granted.

7. Let this matter be adjourned today and be listed on 20.3.2026.

8. The notification dated 20.01.2026 filed by the alleged contemnor is taken on record.

(Rai Chattopadhyay, J.)