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Calcutta High CourtWPA/25266/2024disposed

Jamuna Pal v. The State Of West Bengal And ORS.

2024-11-04Hon'Ble Justice Rai Chattopadhyay3 pages

WPA 25266 of 2024 4.11.2024 Jamuna Pal ct.25, sl. 28 vs sk The State of West Bengal & Ors. Mr. N.I.Khan Mr. Amlan Kr. Mukherjee ...for the petitioner.

Mr. Pantu Deb Roy, Ld. A.G.P Mr. Pannalal Bandopadhyay ...for the State respondent.

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

The writ petitioner is aggrieved that due to nonreceipt of the statutory fees pursuant to his application for grant of stage carriage permit by the State Authorities, the process of grant of permit cannot be proceeded with. Hence, grant of permit to the petitioner is also hindred, thereby jeopardizing the rights of the petitioner.

Mr. Khan, learned advocate, appearing for the writ petitioner, seeks that the respondent no. 4 be directed to immediately accept the requisite statutory fees pursuant to statutory Form-I as submitted by the petitioner for grant of permit.

Mr. Deb Roy, learned advocate is representing the State authority in this case and submits that the statutory fees is required to be submitted for further processes, in respect of grant of prayer of the petitioner.

It appears that on 28th December, 2022, the petitioner had submitted statutory Form-I, for grant of permit with respect to the route Kukrahati to Banspahari. Therefore, it is required that the fees be accepted with respect to the said Form, for further consideration for grant of permit to the petitioner. The Court is therefore, inclined to dispose of the writ petition by directing the respondent to immediately accept the requisite statutory fees from the writ petitioner pursuant to the statutory Form-I submitted by him and consider his prayer for grant of permit in accordance with law.

In doing so, the respondent shall afford opportunity of hearing to the petitioner and dispose of his prayer within six weeks from the date of communication of copy of this order. .

Since no affidavit-in-opposition has been called for in this case, all allegations made in this writ petition are deemed to have been denied by the concerned respondent.

The writ petition is disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rai Chattopadhyay, J.)