Saroj Kumar Mehta v. State Of West Bengal And ORS.

13.06.2023 rc/ct.no.10 Item No.97 WPA No. 19818 of 2022 Saroj Kumar Mehta

Versus

The State of West Bengal & Ors.

Mr. S.N.Mukherjee Mr. Niraj Gupta ...for the petitioner Mr. Srijan Nayak Mrs. Rituparna Maitra ....for the State The order passed by the Deputy Secretary, State Transport Authority, West Bengal recalling the endorsement of additional vehicle and modified time table for cancellation of the same passed on December 26, 2019 is assailed in the writ petition.

Learned counsel for the petitioner submits that the said order has been passed on the anvil of a notification issued on August 30, 2007, wherein the amendments sought to be made are only proposed amendments and have not been finalised. According to the learned counsel, the State Transport Authority, West Bengal which granted counter signature in favour of both the vehicles of the petitioner earlier could not have refused the same on the basis of amendments which have not been finalised at all. Learned counsel for the respondents candidly submits that the concerned authority be directed to reconsider the request of the petitioner upon hearing the petitioner, in accordance with law.

In view of the above, this Court is inclined to hold that since the order impugned relies upon an amended provision of the notification issued on August 30, 2007 which is yet to be finalised, the order requires to be set aside.

Accordingly the order impugned passed on December 25, 2019 of the Deputy Secretary, State Transport Authority, West Bengal is set aside. The concerned authority being the respondent no. 4 herein, is directed to reconsider the request of the petitioner and pass a speaking and reasoned order within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit 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 upon compliance of necessary formalities.

(Suvra Ghosh,J)