Jishan Ali Molla v. State Of West Bengal And ORS.

December 20, 2022 ARDR (205) WPA 27201 of 2022 Jishan Ali Molla Vs.

The State of West Bengal & Ors.

Adv. D. K. Samanta, Adv. Biswapriya Samanta, ...for the petitioner.

Affidavit of service filed by the petitioner is taken on record.

None appears for the respondents, despite service. Mr. Pannalal Bandyopadhyay, who usually appears for the State and is present in Court today, is requested to represent the State in this matter.

His appointment be regularised by the office of the Legal Remembrancer.

The petitioner is directed to serve copy of the writ petition along with annexures thereto upon Mr. Bandyopadhyay in course of this day.

The grievance of the petitioner is that an application made by the petitioner on 30th November, 2022 for grant of permanent contract carriage permit along with prescribed fees was not considered by the authority. The petitioner prays for a direction upon the authority to accept the application and consider the same in accordance with law. It is submitted on behalf of the respondents that the 2nd respondent be directed to consider the application in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit the application along with prescribed fees before the 3rd respondent within seven days from date. Upon submission of the same, the 2nd respondent is directed to consider and dispose of the said application upon the petitioner complying with all necessary formalities, within one month from date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, if necessary, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the aforesaid directions, WPA 27201 of 2022 is disposed of.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)