Sk. Enamul Haque v. State Of West Bengal And ORS.

22.08.2023 rc/ct.no.10 Item No.126 WPA No. 20108 of 2023 Sikh Enamul Haque

Versus

The State of West Bengal & Ors.

Mr. S.N.Mukherjee Sk. Samim Akhtar Mr. Niraj Gupta Mrs. Afroja Nusrat ...for the petitioner Mr. Pantu Deb Roy Mr. Subrata Guha Biswas ....for the State The petitioner submits that he holds a permanent stage carriage permit in the route Balaipanda to Kolkata Railway Station issued on January 25, 2016 which was valid upto January 21, 2021. The vehicle bearing registration number WB-33C-7786 covered by the permit was seized by the Contai Cooperative Bank due to alleged violation of terms of hire purchase by the petitioner. Being unable to release the vehicle from the custody of the financer/bank, the petitioner purchased a new vehicle and seeks to replace the same in place of the old one. The petitioner intends to submit a comprehensive representation before the concerned authority seeking renewal of his permit upon placing the new vehicle and all relevant documents pertaining to the vehicle and prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State-respondents that the 4nd respondent be directed to consider the

representation in accordance with law upon the petitioner placing the vehicle along with all relevant documents. In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 4th respondent ventilating his grievance within 7 days from date. The 4th respondent is directed to consider and dispose of the representation within six weeks from the date of receipt thereof after affording reasonable opportunity of hearing to all the stakeholders including 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)