Shantanu Sekhar Pradhan v. The State Of West Bengal And ORS.

10.09. 2025 DL.24 Court No.15 sg WPA 19386 of 2025 Shantanu Sekhar Pradhan Vs.

The State of West Bengal & Ors.

Mr. Barun Kumar Samanta ....for the petitioner.

Mr. Sankar Nath Mukherjee Sk. Samim Akhter ....for private respondent.

Mr. Pantu Deb Roy Mr. Pannalal Bandopadhyay ....for the State.

The petitioner holds a valid permit to operate Vehicle No. WB/29B/2429 on the route from Kolkata to Digha, which remains effective until March 13, 2027.

The State Transport Authority, West Bengal, Kolkata, issued a timetable for the petitioner, which is annexed at page 15 of the writ petition. This timetable was valid until July 27, 2025. It appears that, on October 3, 2024, the vehicle belonging to respondent no.

4 was introduced on the Khakurdah to Band Stand route, with an approved timetable annexed at page 19 of the writ petition.

The petitioner has raised objections regarding the timetable issued in favour of respondent no. 4. The petitioner contends that the said timetable was issued arbitrarily and interferes

with the petitioner's permit and approved timetable.

Pursuant to a complaint lodged by the petitioner on June 18, 2025, the Secretary of the State Transport Authority convened a meeting on July 16, 2025. On the scheduled date, both the petitioner and respondent no. 4 were heard.

Subsequently, the State Transport Authority passed a reasoned order, the contents of which are as follows:

" A hearing is conducted on 16.07.2025 in the office chamber of the Secretary, State Transport Authority, West Bengal regarding objection in time table.

Both the parties were present.

Upon hearing both the objector and the respondent, the Secretary, STA directed the respondent (Shantanu Sekhar Pradhan) to change the time table based on the date in which both the permits were issued.

Permit issued to the Objector (Manas Mahakur)-4/2000/IR.

Permit issued to the Respondent (Shantanu Sekhar Pradhan)-Pstp 40/2007/IR".

Upon a plain reading of the said order, it is evident that it is a non-speaking order. It fails to reflect any consideration of the objections raised by the petitioner.

On this ground alone, the order dated July 28, 2025, is hereby set aside. The Secretary, State Transport Authority, West Bengal, is directed to fix a fresh date-preferably within two weeks from the

date of this order-and provide both parties with an opportunity of hearing.

After due consideration of the petitioner's objections and upon hearing respondent no. 4, the Secretary shall pass a fresh, reasoned order. The said order shall be communicated to both parties immediately thereafter.

Accordingly, the writ petition, being WPA 19386 of 2025, stands disposed of.

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

( Kausik Chanda, J. )