M/S. H.M. Transport Service And ANR v. The State Of West Bengal And ORS.

13.11.2024 Court No. 25 D.Hira WPA 26803 of 2024 M/s. H.M. Transport Service & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sanat Kumar Ray, Mr. Baidurya Ghosal.

... for the petitioners Mr. Pantu Deb Roy, ld. A.G.P., Mr. Subrata Guha Biswas.

... for the State 1.

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

2.

The writ petitioner is the operator on the route Burdwan to Bishnupur via Khandaghosh, Kankardanga, Patrasayer, Sonamukhi (Exp.).

3.

It has sought for variation thereof, by curtailment of route from Kankardanga to Patrasayer. The new route will be from Burdwan to Bishnupur via Khandaghosh, Kankardanga, Patrasayer, Sonamukhi (Exp.).

4.

In this Inter-Regional route, the RTA, Bankura would require to issue a 'No Objection Certificate' as to the permit granted by the RTA, Purba Burdwan. The decision to that effect has been taken by the Chairman, RTA, Purba Burdwan vide order dated June 16, 2023. Hence, RTA, Bankura was informed and communicated vide letter dated January 4, 2024, regarding the necessity for issuance of 'No Objection Certificate' pursuant to the decision of the Board, in its meeting dated September 16, 2023.

5.

The same is yet to be acted upon by the recipient as above.

6.

Hence, the petitioner is aggrieved due to the inordinate delay in issuance of 'No Objection Certificate' by the RTA, Bankura as it hinders further proceedings, for grant of order for variation as prayed for by him.

7.

Mr. Pantu Deb Roy, learned Additional Government Pleader is representing the State.

8.

Considering the facts and circumstances and the respective submissions of the learned lawyers, it is found proper to dispose of this writ petition by directing the respondent no. 5/The Secretary, Regional Transport Authority, Bankura, to immediately take action as regards the letter of the Secretary, RTA, Purba Burdwan dated January 4, 2024, maximum within a period of three weeks from the date of communication of this order and furnish the requisite information/'No Objection Certificate', before the RTA, Purba Burdwan.

9.

Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents.

10. This writ petition being WPA No. 26803 of 2024 is disposed of, along with the pending applications, if any.

11. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)