Om Prakash Gupta v. State Of West Bengal And ORS.

jdt.

22.08.2023 jb.

W.P.A. 15743 of 2023 (Om Prakash Gupta vs. State of West Bengal & Ors.) Mr. N. I. Khan Mr. Amlan Kr. Mukherjee .... For the Petitioner Mr. Pantu Deb Roy Mr. Subrata Guha Biswas .... For the State Mr. Sattwik Bhattacharyya Mr. Aashutosh Bhattacharyya Mr. Titas Neogi .... For the Private Respondent No. 7 Ms. Aishwarya Rajyashree .... For the STA Jharkhand Heard learned counsels for the parties.

The petitioner and the private respondent are stage carriage permit holders in different routes. The grievance of the petitioner is that the private respondent was plying his vehicle on the basis of old timetable wherein the departure time from Tata to Bokaro was 3.30 P.M. A revised timetable was issued in favour of the private respondent wherein his departure time from Tata was 5-10 minutes prior to the departure time of the vehicle of the petitioner. Some of the other vehicles plying from Tata to Bokaro have a gap of at least 25-50 minutes from Tata. According to the petitioner, the reduction of the time span of departure of the vehicles of the petitioner and the private respondent has affected the petitioner's business severely. The petitioner submitted a representation before the concerned authority on 14th June, 2023 seeking revision of the timetable of the private respondent so that both the petitioner and the private respondent can ply their respective vehicles without any

disturbance. The representation is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of directing the third respondent to consider and dispose of the representation submitted by the petitioner dated 14th June, 2023 within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioner and the private respondent, in accordance with law. Parties are at liberty to produce relevant documents before the authority at the time of hearing.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)