Tuhinadri Nayak v. State Of West Bengal And ORS.
19.12.2025 Ct. No.10 SL No.17 MKP WPA 27591 of 2025 Tuhinadri Nayak Vs.
The State Of West Bengal And Ors.
Mr. Sankar Nath Mukherjee (V/C) Mr. Niraj Gupta Ms. Manisha Paswan ........for the Petitioner Mr. Pantu Deb Roy, A.G.P.
Mr. Anubrata Santra ................for the State Mr. Aishwarya Rajyashree ............for the STA, Jharkhand/ Respondent no.6
1. The petitioner in the instant case is a permanent inter-State permit holder being no. P.St.P. no. WB2021SC0156A (I/S) in respect of route between Bishnupur to Tata.
2. The route is an inter-state route covered in reciprocal transport agreement executed by between West Bengal Jharkhand on 29.03.2004. In reciprocal transport agreement in annexure B in serial No. 46 and serial Number 98 the routes are as follows:-
(a)Sl.No.46 Tata to Bishnupur Via Ghatsila, Chakulia, Bankura distance in West Bengal Kilometer in Jharkhand 152 Kilometer. Total distance 255 Kilometer, West Bengal 5 Jharkhand quota 4.
(b)Sl.No.98 Bishnupur to Tata via Bankura, Ghatsila, Chakulia distance in West Bengal Kilometer in Jharkhand 48 kilometer. Total distance 166 kilometer. The quota of West Bengal 6 and Jharkhand quota are 4.
In agreement in serial number 2 of general clauses it was stated in sub clause as follows:
(a) "As agreed upon, in the Reciprocal Transport Agreement in regard to the Inter-state carriage permit on Interstate-stage routes and number of permits allocated to each state against the routes have been fixed as far as practicable on the basis of length of the alignment of the route falling in each state".
3. The petitioner states that on 15.02.2022, the State Transport Authority of West Bengal issued permit bearing no. P.St.P.
no. WB2021SC0156A in favour of the
petitioner allowing alignment as stated in the time table and fare chart issued by permit granting authority which has been counter-signed on 30.03.2022 by the State Transport Authority, Jharkhand for allowing the vehicle to ply in the said route. The said permit is valid till 28.11.2026.
4. The petitioner makes an application on 13.01.2023 for a variation of route alignment from Bishnupur to TATA via Bankadaha without touching Bankura but such application remains still pending for consideration.
5. It is submitted that on 01.12.2023 the Regional State Transport Authority West Bengal has taken a decision on 1.12.2023 rejecting inter alia, the prayer of the variation of the route from Bishnupur to Chakulia instead of approved via. Bankura to Chakulia as per Reciprocal Transport Agreement 2004.
6. The petitioner submits that at present his vehicle is plying in the previous route as per the approved provisional time table issued by the authority concerned.
7. The State respondent submits that the issue pertains to the variation of a route of
an inter-region state. Unless the STA's of both the States arrive at consensus, the issue cannot be resolved.
8. After careful consideration of the case on the basis of the available records, I am of considered view that State Transport Authorities of West Bengal, as well as Jharkhand, should hold a joint meeting to arrive at a mutual consensus by considering the representation dated 13.01.2023, being annexure P-3 at page
24. Both the authorities shall revisit the issue with regard to the variation of the route from Bishnupur to Tata via Bankura instead of Bankura to Bankadaha. The authorities shall consider the feasibility and viability in varying the route from Bankura in place instead of Bishnupur. The authorities shall within within 60 days consider the representation dated 13.01.2023 for the variation of the route by passing a reasoned order in accordance with law upon affording an opportunity of hearing to the petitioners along with other interested parties, if any and communicate such decision within two weeks thereafter.
9. It is also made clear that till the authorities takes any decision petitioner shall be at liberty to ply the vehicle in the previous route as per the approved time table.
10.
The writ petition is disposed of by setting aside the impugned orders dated 13.01.2023 and 01.12.2023 and the entire exercise of the route alignment of a varied route to be completed as expeditiously as possible.
11.
Since, affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
[Smita Das De. J]