Sukdeb Das v. State Of West Bengal And ORS.

17.11.2023 rc/ct.no.10 Item No.457 WPA No. 21193 of 2023 Sukdeb Das

Versus

State of West Bengal & Ors.

Mr. Sankar Nath Mukherjee Sk. Samik Akhter Mr. Niraj Gupta ... for the petitioner Mr. Pantu Deb Roy Mr. Jaladhi Das ...for the State Heard learned counsels for the parties.

The petitioner seeks a direction upon the State Transport Authority, West Bengal, being the 2nd respondent herein, for providing route entry number and OTP in respect of the application made by the petitioner for grant of stage carriage permit in the route Itaberia to Masaria via Chandaneswar. The petitioner submitted a representation in this regard before the 2nd respondent on June 13, 2023 which is yet to be considered. The petitioner also prays for consideration of the said representation in his favour.

Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that the State Transport Authority, West Bengal, being the 2nd respondent herein, is empowered to issue stage carriage permits in routes covering more than one region in one State and another region in a different State in terms of the notification issued by the Transport Department,

Government of West Bengal on November 06, 1995 in terms of Section 69(2) of the Motor Vehicles Act, 1988. In view of the above, the writ petition is disposed of directing the 2nd respondent to supply the route entry number and OTP to the petitioner in respect of the application made by him for issuance of stage carriage permit in the route Itaberia to Masaria via Chandaneswar within three weeks from the date of communication of this order.

It is expected that the said authority shall consider issuance of the permit in favour of the petitioner within six weeks therefrom, in accordance with law, upon the petitioner complying with all the requisite formalities. With the above observations and directions this writ petition 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)