Swapan Chandra Chanda v. State Of West Bengal And ORS.

August 22, 2023

(123) ARDR WPA 16048 of 2023 Swapan Chandra Chanda Vs.

The State of West Bengal & ors.

Adv. Bhaskar Nandi, ...for the petitioner.

Adv. Chandi Charan De, Adv. Anirban Sarkar, ...for the State.

Affidavit of service filed by the petitioner is taken on record.

The petitioner was granted permanent contract carriage permit for his vehicle (Auto Rickshaw) being no.WB23/7447 in an intra-regional route from Shyamnagar to Kankinara. The permit was initially issued on 21st March, 2005 and was valid for a period of five years. It was subsequently renewed for a period of five years and was valid upto 17th March, 2015. The petitioner submitted an application before the concerned authority on 4th May, 2023 seeking renewal of his permit. The petitioner also intends to replace his vehicle which is of old model, by a single mode LPG Auto Rickshaw bearing registration no.WB25D/7670 of the year 2011 and submitted documents in this regard along with the application filed before the authority. The said application is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the application at the earliest.

It is submitted on behalf of the respondents that the 2nd respondent be directed to consider the application in accordance with law.

In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the application submitted by the petitioner dated 4th May, 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, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within one month thereof. With the aforesaid directions, the writ petition, being WPA 16048 of 2023 is disposed of.

There shall however, be 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 on usual undertakings. (Suvra Ghosh, J.)