Subodh Pandey v. State Of West Bengal And ORS.

September 13, 2022 ARDR (133) WPA 19923 of 2022 Subodh Pandey Vs.

The State of West Bengal & Ors.

Mr. N.I. Khan, Mr. Amlan Kumar Mukherjee, ...for the petitioner.

Mr. Pantu Deb Roy, Mr. Anand Farmania, ...for the State.

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

Heard learned counsels for the parties.

The contention of the petitioner is that he was a contract carriage permit holder in respect of an Auto Rickshaw bearing registration no. WB-39A-8698 in the route Rajbandh Station to Gopalpur and the permit was valid till 6th March, 2018. The petitioner was unable to apply for fresh permit before the authority as the permit was misplaced. The petitioner's grievance is that he approached the authority with an application for issuance of fresh permit which was not accepted by the authority. The petitioner prays for a direction upon the authority to accept his application for issuance of fresh permit and consider the same in accordance with law.

Upon considering the submission made on behalf of the parties the writ petition is disposed of directing the 4th respondent to receive/accept the application to be submitted by the petitioner along with requisite fees for

issuance of fresh permit in his favour within ten days from date. The 2nd respondent is directed to consider the application within two months from the date of receipt thereof after affording reasonable opportunity of hearing to the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the above directions, WPA 19923 of 2022 is disposed of. There shall however, be 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.)