Vikash Kumar Sahu v. State Of West Bengal And ORS.

SK Ct. 05 02.02.2022 W.P.A. No. 17336 of 2021 (Via Video Conference) Vikash Kumar Sahu Vs.

The State of West Bengal & Ors.

Mr. Sankar Nath Mukherjee, Sk. Samim Akhter, Mr. Aditya Biswas ... For the petitioner. Mr. Amal Kumar Sen, AGP, Mr. Jaladhi Das ... For the State respondents. Mr. N. I. Khan, Mr. Amlan Kr. Mukherjee ... For the private respondents.

It appears from the submissions of learned counsel for the petitioner, the State as well as the private respondents that the writ petition can be disposed of with a direction on the State Transport Authorities of West Bengal and Jharkand to sort out the error in the route and fare chart published by the State Transport Department, West Bengal on 8th June, 2018 read with the Notification published by the Government of West Bengal on 29th March, 2004 to the extent of serial no. 52 of the said Notification.

Sub-clause (c) of Clause 2 of the Notification provides that any discrepancy discovered subsequently in the distance shown in the annexures shall promptly be corrected through correspondence between the two State Transport Authorities but shall

not be treated as a modification to the agreement. Since the two State Transport Authorities of West Bengal and Jharkand have been empowered to correct any discrepancy, the grievance raised by the petitioner can be addressed if the State Transport Authorities of West Bengal and Jharkand are directed to act in terms of Clause 2 (c) of the Notification dated 29th March 2004.

The concerned respondents are accordingly directed to decide the error of the Reciprocal Transport Agreement and to issue a permit time table and fare chart within a period of six weeks from today without any further delay.

W.P.A. 17336 of 2021 is disposed of in terms of the order.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Moushumi Bhattacharya, J.)