Subhankar Koley v. State Of West Bengal And ORS.

19.12.2025 Ct. No.10 SL No.15 MKP WPA 25959 of 2025 Sri Subhankar Koley Vs.

The State Of West Bengal And Ors.

Mr. Kajal Ray Mr. Suman Nandi ........for the Petitioner Mr. Pantu Deb Roy, A.G.P.

Mr. Anubrata Santra ................for the State

1. The petitioner is aggrieved by nonconsideration of the petitioner's application for grant of route no.45, permit to ply rickshaw on the route from Chandannagore Railway Station to Nasibpur Railway Station.

2. The said application was rejected on the ground of being contrary to the provisions of Clause 6 of the notification no.268WT/3M-01/2010.

3. The petitioner submits that for the said route one Sri Debabrata Dutta was already favoured by the authorities by granting a permit for the route in question.

4. The State respondents submits that such permit was granted as per the order passed by the Coordinate Bench of this Court and the case of the Debabrata Dutta cannot be taken into account as a precedent in allowing the petitioner to ply his vehicle for the said route in question.

5. The said permit was granted in favour of the Debabrata Dutta subject to the use of Chandanagar Railway Station only for dropping of passengers and not for parking the vehicles. Having heard the parties, I am of considered view that the State respondents is unable to show any reason which dehors the provision of the notification in not granting him the permit to ply the vehicle to the route in question.

6. I direct the respondent no.2 to consider and revisit the issue of the petitioner and grant him permit to ply his vehicle in the said route, subject to use of Chandannagar Railway Station only for dropping of passengers and not for parking.

7. In the event, if the petitioner is found to ply his vehicle in contravention to the direction of the Court, the authority will be

at liberty to cancel the permit of the petitioner without issuing any notice.

8. The respondent no.2 is directed to revisit the issue within a period of six weeks and communicate such decision preferably within a week thereafter. The permit shall be granted subject to the satisfaction of the authority concerned within a period of two weeks from the date of taking the decision.

9. It is made clear, such grant of permit shall not be treated as a precedence for other intending operator who wishes to ply their vehicle in the route no 5. Granting of permit shall be considered on the basis of facts and circumstance of each case.

10.

The writ petitioner is disposed of and without taking any exception to the merits of the case.

[Smita Das De. J]