Mousumi Ghosh v. State Of West Bengal And ORS.

26.09.2022 26.09.2022 Ct. No.10 b.das WPA 21744 of 2022 Mousumi Ghosh Vs.

The State of W. B. & Ors.

Mr. Arabinda Chatterjee Mr. Bhaskar Nandi ...for the petitioner.

Mr. Pantu Deb Roy Mr. S. Guha Biswas ...for the State.

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

Heard learned counsels for the parties.

On an application submitted by the petitioner before the Secretary, Regional Transport Authority, Purba Burdwan on 31st May, 2022 for issuance of fresh time table in favour of the petitioner, the concerned authority issued notice on 25th July, 2022 upon existing operators on the route Burdwan-Nawabhat bus stand to Vedia inviting objections/suggestions within 30 days from the date of issuance of the notice failing which the proposed time table would be issued.

It is submitted on behalf of the petitioner that despite no such objection/suggestion being received by the authority, the proposed time table has not been issued by the authority till date.

The petitioner prays for a direction upon the authority to implement the notice dated 25th July, 2022

upon consideration of the representation submitted by the petitioner on 30th August, 2022 requesting implementation of the notice.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that the concerned authority may be directed to implement the notice issued on 25th July, 2022 upon affording reasonable opportunity of hearing to the petitioner and taking into consideration any objection/suggestion submitted before the authority in the meantime, within a stipulated time frame. In the event such objection/suggestion is received by the authority, the copy of the same may be forwarded to the petitioner at the earliest.

Accordingly, the writ petition is disposed of directing the 4th respondent to implement the notice issued by him on 25th July, 2022 upon affording reasonable opportunity of hearing to the petitioner and also upon taking into consideration any objection/suggestion filed before the authority in the meantime, within one month from the date of communication of this order, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereafter. Accordingly, the writ petition being WPA 21744 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.)