Sheela Gupta v. State Of West Bengal & ORS.

May 10, 2023

(105) ARDR WPA 17587 of 2019 Sheela Gupta Vs.

The State of West Bengal & Ors.

Adv. Kakali Dutta, Adv. Manoj Kumar Mondal, ...for the petitioner.

Adv. Susanta Pal, Adv. Prabir Kumar Roy, ...for the State.

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

It is contended on behalf of the petitioner that the petitioner applied for issuance of contract carriage permit before the concerned authority but the said application was not accepted by the authority, far less considered. The petitioner prays for a direction upon the authority to consider the application at the earliest.

It is submitted on behalf of the respondents that the 4th respondent be directed to consider the application in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to accept and consider the application of the petitioner within one month from the date of communication of this order upon affording reasonable opportunity of hearing to all the stakeholders including the petitioner, in accordance with law upon the

petitioner depositing the prescribed fees and complying with all other formalities.

It is made clear that this Court has not gone into the merit of the case and the 4th respondent is at liberty to consider the application of the petitioner independently and without being influenced by any observation which may have been made in this order.

With the above directions, WPA 17587 of 2019 is disposed of.

There shall however, be no order as to costs. Since no affidavit in opposition 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.)