Prakash Chandra Mondal v. State Of West Bengal And ORS.

Ct. 05 Item No.58 01.12.2021 (suvendu) WPA 17597 of 2021 [Via Video Conference] Prakash Chandra Mondal Vs.

The State of West Bengal & Ors.

Mr. Pranit Bag Ms. Debdatta Saha Mr. Manish Shukla Ms. Debarati Das ...............for the petitioner Affidavit of service filed on behalf of the petitioner is taken on record.

Pursuant to the direction of this Court, the petitioner appeared before the Regional Transport Authority and an Offer Letter was issued by the said authority on 25th November, 2021.

Learned counsel appearing for the petitioner submits that despite such Offer Letter being issued, the Regional Transport Authority has not come to a decision pertaining thereto.

Learned counsel appearing for the State submits that the Offer Letter itself issued after a decision taken in the joint conference with the concerned RTA or after obtaining concurrence

from the concerned RTA and subject to fulfillment of the conditions as mentioned in the Offer Letter. Upon perusing the relevant documents and the decision of a learned Single Judge of this Court passed in WP 26253 (W) of 2014 (Samaresh Bhattacharya Vs. State of West Bengal & Ors.), this Court is of the view that the Offer Letter does not contain any provision which would entitle the RTA to sit over the matter without any reason. As suggested on behalf of the State, the concerned RTA shall dispose of the Offer Letter in respect of grant of Stage Carriage Permit on the concerned route within three weeks from date. A copy of the reasoned decision shall be given to the petitioner within four days from the date on which such decision is taken. The decision shall be taken upon hearing all concerned parties including the petitioner WPA 17597 of 2021 is disposed of in terms of the above.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)