Nayan Mitra And ANR. v. State Of West Bengal And ORS.

18.12.2025 Item no.17 Court No.10 RANJAN WPA 26132 of 2025 Nayan Mitra & Anr.

- Vs. - The State of West Bengal & Ors.

Mr. Barun Kumar Samanta ..........For the Petitioner Mr. Pantu Deb Roy Mr. Anubrata Santra ..........For the State

1. Apropo the facts of the case, in the year 2000 the STA, West Bengal was pleased to issue one Inter-Regional Stage Carriage Permit on Route Digha to Chittaranjan via Egra, Kharagpur, Midnapur Bus Stand, Chandrakona Road, Durgapur City Centre, Asansol being P.St.P.No. 27/2000(I/R) in favour of one Sandhyarani Maity which was transferred earlier in the name of one Anup Kumar Maity and then in favour of Sri Shymal Mitra (since deceased) and Nayan Mitra (father and son) on the basis of resolution of STA meeting on 21.06.2006 being Misc. Agenda No. 3 and started plying their 2(two) Vehicles-1 (one) Up and 1 (one) Down against the said permit jointly.

2. The petitioner made several representations but the same remained pending for consideration.

The petitioners approached this Court by filing a writ petition being WPA 12070 of 2025 was heard and

disposed of on 13.6.2025 which is reproduced below: "Having heard learned advocates appearing for the respective parties and having considered the material on record, this writ petition is disposed of by directing the respondent no. 3 to take a decision on the petitioners' application for renewal of permit made on April 3,2025 together with the petitioners' subsequent representation dated June 3, 2025 made to the said authority strictly in accordance with law, upon giving an opportunity of hearing to the writ petitioners within a period of 10 days from the date of communication of this order.

It is needless to mention that the respondent no. 3 shall take a reasoned decision within the aforesaid time frame and communicate such reasoned decision within a period of one week from passing thereof."

3. In the instant writ petition, the petitioner prays inter alia, for the following reliefs:

a) Rule NISI upon the Respondents calling upon them to show cause why a writ in the nature of Mandamus shall not issue directing them to forbear from giving effect to and/or continuing to give effect to and/or giving further effect to and/or withdraw and/or cancel and/or rescind the implied refusal to renew the said permit No.P.St.P.27/2000/ (I/R) for the next 5 (five) years by endorsing the vehicle No. WB31/8969 of petitioner no.1 as per Memo dated 06.08.2025;

b) Rule NISI upon the Respondents calling upon them to show cause why a writ in the nature of Mandamus shall not issue directing them to perform their statutory/obligatory duty to consider

representation dated 29.10.2025 for renewal of the said permit against the vehicle No. WB-31/8969 of the petitioner no.1;

c) Rule NISI upon the Respondents calling upon them to show cause as to why a writ in the nature of Certiorari shall not issue directing them to certify and transmit to this Hon'ble Court records pertaining to the implied refusal to renew the said permit No.P.St.P.27/2000/ (I/R) for the next 5 (five) years by endorsing the vehicle No. WB-31/8969 of the petitioner no.1 so that conscionable justice may be administered;

d) Issue of appropriate writ or writs and/or order or orders and/or direction or directions if no cause or sufficient cause is shown to this Rule;

e) Ad-interim order of injunction directing the Respondent Authority to renew the said permit forthwith by endorsing the vehicle No. WB-31/8969 of the petitioner no.1 as per Memo dated 06.08.2025; f) Cost of and pertaining to this application; g) Any other further order or orders and/or direction or directions as may appear fit and proper to this Hon'ble Court."

4. It is submitted that the permit of the vehicle bearing registration No. WB 31/8969 still remains pending for renewal.

5. Thereafter, the vehicle bearing registration No. WB 31/8969 of the petitioner no. 2 was subsequently it was renewed, for a period upto 29.03.2025.

6. Main grievance of the petitioner is non-renewal of permit of the vehicle bearing registration No. WB 31/0196 of the petitioner no. 1. The permit remained valid till 06.01.2025.

7. The State Transport Authority, West Bengal in compliance of the earlier order dated 18.7.2025 which is reproduced below:

(i) That the application for the renewal of permit shall be considered and the aforementioned permit (supra) will be renewed.

(ii) That aforementioned permit will be dichotomized and concomitantly issued in favour of Smt. Sandhyarani Mitra and Shri Nayan Mitra. (iii) That a correspondence will be made to the National Informatics Centre for implementing necessary modalities in the Vahan 4.0 Database for updating existing registration records of the motor vehicles (supra) with permit details.

8. The petitioner submits that despite such decision taken by the respondent no. 3 the permit of the petitioner no. 1 remains pending for renewal.

9. The learned Counsel for the State respondent submits that though the decision has been taken by the respondent No. 3 but the same has to be informed to the National Informatics Centre for implementing the same.

10. After careful consideration of the case and perusing the available records, I am of the considered view that since Secretary respondent no. 3 has taken a decision by giving a clean cheat for renewal of the permit, in favour of the petitioner, the respondent No. 1 shall take up the issue with National Informatics Centre for uploading in the Vahan 4.0 Database as expeditiously as possible.

11. I direct the respondent no. 3 to refer the issue to the Director, National Informatics Centre, A Block, CGO Complex, Lodhi Road, New Delhi-110003, within a period of two weeks from date of communication of the order and the Director, National Informatics Centre shall arrive at a logical conclusion by implementing the necessary modalities in the Vahan 4.0 Database for updating existing registration records of the vehicle with permit details within a period of three weeks thereafter and communicate such decision within a week thereafter to the petitioner and the respondent no. 3. The respondent No. 3 shall accordingly take steps for renewal of permit in accordance with law.

12. Accordingly, the writ petition being WPA 26132 of 2025 stands disposed of without taking any exception to the merit of the case.

13. 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.)