← Library
Calcutta High CourtWPA/15947/2023disposed

Koushik Biswas And ANR. v. State Of West Bengal And ORS.

2023-07-25Hon'Ble Justice Suvra Ghosh3 pages

25.07.2023 rc/ct.no.10 Item No.209 WPA No. 15947 of 2023 Koushik Biswas & Anr.

Versus

The State of West Bengal & Ors.

Mr. N.I.Khan Mr. Amlan Mukherjee ...for the petitioners Mr. Pantu Deb Roy Mr. Subrata Guha Biswas ...for the respondents Affidavit of service filed by the petitioner is taken on record.

The petitioners were granted contract carriage permits by the concerned authority upon compliance with all formalities in the route Chakdaha Bharati Hall to Manpur via Gurugriha School, Vishal Megamart, Chatimtala, Sarmasthapur, Dighra, Muktipara, Netaji Bazar, Chowgacha. The permits are valid till April 09, 2028 and February 06, 2028 respectively. To the utter surprise of the petitioners, subsequent permits were granted in favour of the petitioners by the authority upon revision of the existing route by including Banamali para in the route. The said permits were issued without serving notice upon the petitioners.

The petitioners seek to submit a representation before the concerned authority seeking cancellation of the subsequent permits and permission to ply their respective vehicles in terms of the earlier permits granted in their favour and pray for a direction upon the

concerned authority to consider the representation at the earliest.

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit comprehensive representations before the 2nd respondent ventilating their grievance within 7 days from date. The 2nd respondent is directed to consider and dispose of the representations within one month from the date of receipt thereof after affording reasonable opportunity of hearing to all interested persons including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. Pending disposal of the representations, the petitioners are at liberty to ply their respective vehicles in terms of the permits issued in their favour on April 12, 2023 and March 22, 2023 respectively.

With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)