Lal Mohan Das v. The State Of West Bengal And ORS.

04.11.2025 Ct. no.10 Sl. 04 b.r.

WPA 15623 of 2025 Sri Lal Mohan Das Vs.

The State of West Bengal & Ors.

Mr. Ratan Das .... For the petitioner.

Mr. Pantu Deb Roy, Ld. AGP Mr. Pannalal Bandopadhyay .... For the State.

Parties are represented through their learned counsels.

In the instant case, the petitioner is a permanent permit holder on the route from ICGS Frazerganj to Howrah Railway Station vide PSTP no. 75/99(I)/R). The petitioner plies his own vehicle bearing Registration No. WB-19L-9666(bus) in the said route.

Main grievance of the petitioner is with regard to the imposition of fine from time to time on several occasions upon his vehicle.

Appropo the facts of the case is that already petitioner challenged action of respondent by filing a writ petition being WPA No. 8288 of 2025 before this Hon'ble High Court. The matter was heard before the learned Single Bench

on 21.05.2025 and was disposed of with a direction to consider the representation dated 24.01.2025. In compliance of the said order, the Regional Transport Authority-Respondent no.2 passed an order dated 13.06.2025 considered the representation directing, inter alia, to compound the offence by depositing amount of Rs.10,500/- in Government Exchequer within two weeks from the receipt of this order, failing which ARTO, Diamond Harbour shall take necessary legal steps as admissible under the Motor Vehicle Act and Rules.

Being aggrieved by the said order, the petitioner has filed the instant writ petition for setting aside the impugned order dated 13.06.2025. Having heard the parties and considering the materials on record, this Court finds there is a legal infirmity in the impugned order dated 13.06.2025 passed by the respondent no.2 and is hereby set aside. Upon considering the facts and circumstance of the case I direct the petitioner to make a fresh comprehensive detailed representation before the Additional District Magistrate (Transport), South 24Parganas within a fortnight. The Additional District Magistrate (Transport), South 24-Parganas shall consider the representation within sixty days from the date of filing of the representation and pass a

reasoned order in accordance with law upon affording an opportunity of hearing to the petitioner and other interested parties, if any and communicate said order to parties concerned forthwith.

However, it is made clear that the Additional District Magistrate (Transport), South 24-Parganas shall come to a logical conclusion to resolve the issue involved herein.

With the above observations, this writ petition, WPA 15623 of 2025 stands disposed of, without taking any exception to the merit of the case. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Smita Das De, J.)