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Calcutta High CourtWPA/14859/2018dismissed

Ashoke Ghosh & ORS v. State Of West Bengal & ORS

2022-02-07Hon'Ble Chief Justice Prakash Shrivastava,Hon'Ble Justice Rajarshi Bharadwaj2 pages

07.02.2022 PA(SS) WPA 14859 of 2018 Ashoke Ghosh and Others Vs.

State of West Bengal and Others (Through Video Conference) Mr. Dilip Kumar Samanta, Mr. Debapriya Samanta, Advocates ... for the petitioners By this petition the petitioners have sought a direction to the official respondents not to grant any permit to Auto rickshaw, Trekker, Tata Magic etc. in the route in between Panduah to Rameshwarpur via Gopalnagar having a total distance of 13 kms. The petitioners are operating Auto rickshaw in this route and they have raised the grievance in this petition that there are already 51 Auto rickshaw permits granted in the route and 6 more are going to be issued and number of permits for Magic vehicles, Trekker service etc. have been issued which has made the route crowded, therefore, no further permit should be issued.

On the face of it, it is apparent that the petitioners in order to protect their personal interest and avoid competition in the route have filed the present petition which is not permissible.

and other prevailing circumstances and such a decision need not be interfered with unless it is demonstrated to be arbitrary or discriminatory. No material particulars have been placed on record with the petition to demonstrate the decision to be arbitrary. Hence we are of the opinion that no case for interference in this case is made out which is accordingly dismissed.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)