Samrat Bit v. State Of West Bengal And ORS.
26.09.2022 26.09.2022 Ct. No.10 b.das WPA 21372 of 2022 + CAN 1 of 2022 Samrat Bit Vs.
The State of W. B. & Ors.
Mr. S.N. Mukherjee Sk. Samim Akter ...for the petitioner.
Mr. Pantu Deb Roy Mr. S. Guha Biswas ...for the State.
Mr. Samiran Mandal Mr. A. Dan Mr. N. Samanta ...for the added respondent No.6 & 7.
In re: CAN 1 of 2022 By consent of the parties, the application being CAN 1 of 2022 is allowed. The applicant herein being Asit Nandy and Haradhan Nandy be added as respondent Nos.6 and 7 in the writ petition.
The application being CAN 1 of 2022 is disposed of. In re: WPA 21372 of 2022 Affidavit of service filed by the petitioner is taken on record.
Heard learned counsels for the parties.
The primary grievance of the petitioner is that his application for renewal of time table submitted before the authority on 17th August, 2022 has not been considered till
date. As a result of which he is unable to ply his vehicle in the allotted route.
Learned counsel for the added respondents submits that an opportunity of hearing be given to the respondents by the authority in considering the application filed by the petitioner.
Learned counsel has taken this Court to two letters issued by the Secretary, Regional Transport Authority, Bankura to the Secretary, Regional Transport Authority, Hooghly on 7th March, 2022 and 7th June, 2022 respectively requesting the officer action for issuance of clash free time table in respect of the vehicle referred to in the said letters.
It is submitted on behalf of the State respondents that there is long standing dispute between the petitioner and the private respondents in respect of the plying of their respective vehicles in the concerned route and several applications as well as objections thereto have been filed before the authority and disposed of.
Upon consideration of the submissions made on behalf of the parties, the writ petition is disposed of directing the 4th respondent to consider and dispose of the application filed by the petitioner dated 17th August, 2022 within three weeks from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner and the private respondent and also upon taking into consideration
the letters issued by the Secretary, Regional Transport Authority, Bankura to the Secretary, Regional Transport Authority, Hooghly on 7th March, 2022 and 7th June, 2022 respectively, in accordance with law.
The decision taken by the authority shall be communicated to the petitioner within a week thereafter. It is made clear that this Court has not gone into the merits of the case and the parties shall be at liberty to place all their respective contentions before the concerned authority at the time of hearing.
Accordingly, the writ petition being WPA 21372 of 2022 is disposed of.
However, there shall 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 supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)