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Calcutta High CourtWPA/22215/2025disposed

Priyangshu Saha v. State Of West Bengal And ORS.

2025-12-17Hon'Ble Justice Smita Das De2 pages

S/L 54 17.12.2025 Court No.10 Swd WPA 22215 of 2025 Priyangshu Saha Vs.

The State of West Bengal & Ors.

Mr. Barun Kumar Samanta.

... for the Petitioner.

Mr. Subrata Guha Biswas, Ms. Amrita Tewari.

... for the State.

1. The notice of service dated 17.11.2025 and 15.12.2025 are kept on record.

2. Heard the learned Counsels for both the parties at length.

3. Since Mr. Subrata Guha Biswas who usually appears before this court on behalf of the State is requested to represent the State in the matter. Let his appearance be regularized by the office of the Government Pleader along with the juniors already engaged in the matter.

4. The petitioner is the intending operator submitted necessary application in the Form No.1 with requisite fee for obtaining new permit for the route No.214, 214A on 09.12.2024. It is submitted that the said application was rejected on the ground that there was no existing vacancy.

5. The learned Counsel for the petitioner submits that the resolution has already been taken on

27.05.2025 in respect of the three vacancies that has been created in the said route. Till date such vacancies have not been declared or notified by way of a notification by the Transport department, keeping the matter in limbo for an indefinite period.

6. After careful consideration of the matter and upon pursuing the available records I am of the considered view that unless the vacancies are declared and notified in the route in question, the intending operators cannot avail the benefit of obtaining permit for plying vehicle in the said route.

7. I direct the respondent No.3 as expeditiously as possible to declare and notify the vacancies by publishing the vacancy notice created in the said route by uploading the same in the public domain preferably within a period of eight weeks.

8. With the above observation and directions, this writ petition WPA 22215 of 2025 is disposed of without exception of the merits of the case.

9. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Smita Das De, J.)