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Calcutta High CourtWPA/25354/2024disposed

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

2024-11-05Hon'Ble Justice Rai Chattopadhyay3 pages

WPA 25354 of 2024 5.11.2024 Swapan Pal ct.25, sl. 8 vs sk The State of West Bengal & Ors. Mr. Bhaskar Nandi ...for the petitioner.

Mr. Pantu Deb Roy, Ld. A.G.P.

Mr. Subrata Guha Biswas ...for the State respondent.

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

The writ petitioner says that after grant of offer letter to him on 7th February, 2014 and allowing tax and C.F. waiver scheme benefit to him on 25th February, 2020 and also accepting, fees, tax, additional tax and recovering fine to the tune of Rs. 40,000/-, no permit has yet been issued in favour of him by the respondent authority. Thus, being aggrieved, the writ petitioner has made a representation to the Secretary, Regional Transport Authority, Hooghly by dint of his letter dated 4th September, 2024. The same is yet to be considered by the said authority.

Mr. Nandi, learned advocate appearing for the petitioner has submitted that after due compliance with the statutory requirements of payment of fine, the writ petitioner would not be deprived as to the right of him for grant of permit, by the respondent authority. He has insisted that the prayer of the petitioner in the letter dated 4th September, 2020 may be considered by the concerned respondent authority immediately.

Mr. Deb Roy, learned advocate is appearing for the State respondent.

He has submitted that the representation of the petitioner may be considered by the respondent authority.

Upon hearing the submissions and perusing the records, I find it proper to dispose of the writ petition by directing the respondent no. 4 to consider and decide upon the petitioner's representation dated 4th September, 2024, within a period of four weeks from the date of communication of the order.

He would decide upon the same by dint of a reasoned order and after affording an opportunity of hearing to the petitioner, in this regard.

The reasoned order of the respondent no. 4 shall be communicated to the petitioner, within a period of one week from the date of the same.

Needless is to mention that the petitioner after compliance with all the statutory formalities and if considered to be eligible for grant of permit as prayed for shall immediately be issued granted the same, by the respondent authority.

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.)