Sima Maity v. State Of West Bengal And ORS.

17.12.2025 Item no.65 Court No.10 RANJAN WPA 25075 of 2025 Sima Maity - Vs. - The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mrs. Sudipta Pramanik ..........For the Petitioner Mr. Pantu Deb Roy Mr. Dipankar Das Gupta ..........For the State

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner in the instant case has purchased a new branded vehicle bearing Registration No.

WB51C/8283 which was produced before the authority concerned for issuance of a permanent Stage Carriage permit in the inter State, route from Kolkata to Duburi via Jamsola, Balasore, J.K. Road.

3. The offer letter dated 12.12.2024 was issued to the petitioner having a validity for five years upto 04.3.2030 in compliance of all the statutory facilities including the payment of permit about Rs. 30,000/-. Permanent permit was issued in favour of the petitioner on the said route Kolkata to Duburi being Permit No. WB-2025/SC/0195A(I/S) which was valid for five years i.e. upto 4th March, 2030.

4. Subsequent to the ground of such permanent permit the Secretary respondent no. 3 issued a letter to the Secretary, State Transport Authority, Odisha on 08.5.2025, there is no quota available for ground of permanent permit on the said route issued by the respondent no. 2.

5. The petitioner challenged such decision taken by the Transport Authority on the ground of refusing grant of counter signature of the said permit and the same was disposed of on 18.09.2025 and with a direction to the petitioner to make an application before the State Transport Authority for the issuance of a permit for an alternative route.

6. In terms of order dated 17.10.2025 an application for an alternative route was made from Nayagarh to Calcutta via Laxmannath instead of Kolkata to Duburi.

7. The State respondent submits that until and unless a vacancy is created the question of counter signature does not arise even if, the permit has been granted by the issuing authority.

8. It is further submitted that as per the statutory provision the creation of vacancies are to be declared by way of a notification by the State Transport Authority, West Bengal.

9. Having heard the parties, upon perusing the records I direct the respondent no.

to consider the

representation dated 17.10.2025 within a period of sixty days from the date of the communication of the order and pass a reasoned order in accordance with law upon affording opportunity of hearing to the petitioner along with other interested parties, if any and communicate such decision within a week thereafter.

10. However, it is also made clear that the petitioner has already paid Rs. 30,000/- on account of the previous permit. In the event, if the petitioner is found to be fit for the route applied for, the money which has already been paid shall be adjusted against the new permit for the route in question in accordance with law.

11. Accordingly, the writ petition being WPA 25075 of 2025 stands disposed of.

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

(Smita Das De, J.)