Mannan Sekh v. State Of West Bengal And ORS.
Form J(2) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present :
The Hon'ble Justice Bibek Chaudhuri WPA 24462 of 2023 Mannan Sekh Vs.
The State of West Bengal & Ors.
For the petitioner : Mr. Sakti Pada Jana For the State : Mr. Pantu Deb Roy, AGP Mr. Subrata Guha Biswas For STA, Jharkhand : Ms. Aishwarya Rajyashree Judgement on : 17.10.2023. Bibek Chaudhuri, J.
Indisputably a Reciprocal Transport Agreement exists between the State of West Bengal and Jharkhand vide Notification No.1350-WT dated 29th March, 2004. Between the said two States there is an agreed route of plying stage carriage from Tarapeeth to Dumka and back. In the said route initially the jurisdictional STA issued three permits. Subsequently, the permit in the name of one Pawan Lala & Ors. was not renewed after 2015. In that place the present petitioner expressed his willingness to ply his stage carriage vehicle through the said route. The STA approved such proposal and the application of
Mannan Sekh was allowed. He was granted stage carriage permits from Tarapeeth to Dumka, which is valid till 17th February, 2026. However, since there is no alignment of the route mentioned in the permit, the petitioner made a prayer for according alignment of the route in the similar manner in which permit was granted in favour of the said Pawan Lala. Suffice it to say that the Secretary, State Transport Authority provisionally granted the time table along with alignment in the following manner:- 'Tarapeeth-Rampurhat-Sikaripara-Dumka'.
The said permit is required to be counter signed by the Secretary, State Transport Authority or his authorized agent, Jharkhand but the authority at Jharkhand has not signed the said time table till date. It has caused difficulty in plying the stage carriage vehicle through the road as directed in the time table. The learned Advocate on behalf of the Transport Commissioner, Transport Department, Jharkhand submits that the competent authority at Jharkhand will approve and counter sign the said permit and time table which has been approved by the State of West Bengal. In view of such submission, the instant writ petition is disposed of directing the respondent Nos.5 and 6 to consider the letter dated 13th September, 2023 within 45 days from the date of communication of this order.
In the meantime, the petitioner is permitted to ply his vehicle on the route approved by the STA, West Bengal. (Bibek Chaudhuri, J.) Mithun.
A.R. (Ct).
Sl No.14.