Calcutta High CourtWPA/18709/2022disposed

Manisankar Duary v. State Of West Bengal And ORS.

2022-08-22Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

S/L. 51.

August 22, 2022.

MNS.

WPA No. 18709 of 2022 Manisankar Duary Vs.

The State of West Bengal and others Mr. Sanat Kumar Roy, Mr. Atanu Basu ... for the petitioner.

Mr. Amal Kumar Sen, Mr. Jaladhi Das ...for the respondent-authorities.

Affidavit-of-service filed in Court today be kept on record.

Learned counsel for the petitioner contends that although the petitioner had been featuring in the previous time-table, which was a consolidated one, as per the last extension, a still previous time-table was extended till August 31, 2022, excluding the petitioner. It is argued that the petitioner is holding a valid permit to ply his vehicle on the concerned route, but has been excluded unjustly by non-issuance of time-table. It is further submitted that the issuance of a timetable is a sine qua non of a permit and, as such, the petitioner is being deprived of his right to ply his vehicle in spite of holding a valid permit.

Heard learned counsel for the parties, it transpires that the petitioner has made a specific representation in line with the grievance raised in the present writ petition, which is annexed at page 51 of the writ petition.

Hence, WPA 18709 of 2022 is disposed of by directing the respondent no. 4, that is, the Secretary, Regional Transport Authority, Purba Medinipur, to give a hearing to the petitioner and to decide on the representation (Annexure- P/8 at page 51 of the writ petition) before issuance of the next provisional timetable, preferably by August 31, 2022 and accordingly to accommodate the present writ petitioner, subject to the petitioner holding a valid permit, in the composite timetable and/or an independent time-table to the petitioner, as applicable. The merits of the allegations made in the present writ petition have not been gone into by this Court.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)