Dhurjati Prasad Mondal And ORS v. The State Of West Bengal And ORS.
30.12.2021.
Item No. 02 Ct. No. 17 PG W.P.A. 19469 of 2021 r Dhurjati Prasad Mondal & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Mukteswar Maity...........for the petitioners Mr. Pantu Deb Roy Mr. Lalit Mohan Mahata Mr. Pannalal Bandyopadhyay Mr. Rajat Datta..........for the State respondents Affidavit of service filed by the petitioners be kept on record.
It appears that the copy of the writ application has been served upon the State respondents. One supplementary affidavit has been filed by the petitioners. Copy of the supplementary affidavit has also been served upon the learned lawyer representing the State respondents.
Learned lawyer appearing for the petitioners submits that the supplementary affidavit, as filed today be treated as a part of the original application. Learned lawyer for the petitioners submits that during the pendency of the writ application, the State respondents have extended the Provisional Consolidated time table of Stage Carriage buses plying on the route Haldia to Mecheda via Nandakumar on NH-41 till 31st December, 2021
instead of a longer period, as sought for by the petitioners.
Learned lawyer further submits that until the authorities concerned extend the aforesaid time table, the status quo of the time table be maintained. Learned lawyer appearing for the State respondents submits that petitioners made prayer for a direction upon the State respondents and their officers to consider and dispose of the application as annexure- 'P/3' and 'P/4' to the writ application for a renewal of the time table for the aforesaid route. The concerned authorities have disposed of the representation made by the petitioners. That being so, learned lawyer submits that the instant writ application now being infructuous, is liable to be dismissed.
What I find, the petitioners, inter alia, have sought for the following relief:
"A) Writ in the nature of Mandamus, commanding the respondents, their officers, subordinates and agents to forthwith consider and dispose of the application (as Annexure P/3 & P/4 to the petition) for renewal of the Tim Table for the route Haldia to Mecheda Rly. Station Via NH-41".
As it appears from the supplementary affidavit, the Provisional Consolidated time table for the aforesaid route has been made valid upto 31st December, 2021. I perceive that during the pendency of the writ application, the authorities extended the
validity of the aforesaid time table upto 31st December, 2021.
Learned lawyer for the petitioners draws attention that the petitioners sought for extension of the time table for a longer period than that of the period, which will end tomorrow.
Having heard learned lawyers appearing for the parties and on consideration of the documents on record, I think that the writ application may be disposed of by passing the following directions: The State respondents are directed to hear the petitioners and all the concerned Stage Carriage bus owners as to extension of the time table immediately and consider the representations made by them for renewal of the time table and dispose of the same without any delay by a reasoned order. As an interim measure, the Provisional Consolidated time table for the Stage Carriage buses, as above shall remain extended till 10th January, 2022.
In view of the above, the writ application is disposed of.
There will be no order as to costs.
Learned lawyer for the petitioners shall be at liberty to communicate the order to the concerned authorities.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all necessary legal formalities. (Rabindranath Samanta, J.)