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Calcutta High CourtWPA/27998/2024disposed

Mahammad @ Md Iyasin Khan v. State Of West Bengal And ORS.

2024-11-22Hon'Ble Justice Rai Chattopadhyay3 pages

22.11.2024.

PB Sl. No.1(adsl).

Ct. No.25.

WPA 27998 of 2024 Mahammad @ Md. Iyasin Khan Vs.

The State of West Bengal & Ors.

Mr. Sankar Nath Mukherjee, Mr. Sk. Shamim Akhter, Mr. Saikat Pal.

... For the Petitioner.

Mr. Amal Kumar Sen, Mr. Lal Mohan Basu.

... For the State.

The writ petitioner has been granted permit and provisional time table in terms of this Court's order dated July 2, 2024.

Mr. Mukherjee, learned advocate appearing for the petitioner has submitted that the provisional time table so granted is going to expire only tomorrow (November 23, 2024) and unless the same is extended, the petitioner shall suffer irreparable loss and injury being incapable to ply his vehicle any further. He has referred to the representation of the petitioner as annexed with this writ petition, made before the appropriate authority, for extending the validity of the time table so granted. It is alleged that the same is yet unattended.

Mr. Sen, learned advocate is appearing for the State respondent. He submits on oral instruction that six objections have been filed against grant of provisional time table to the petitioner. He would further refer to Rule 191 of the West Bengal Motor Vehicles Rules, 1989, to submit that the Authority has to proceed for finally publishing the time table granted to the petitioner after disposing of the objections as above, in accordance with the law. Admittedly, the provisional time table granted to the writ petitioner is valid till tomorrow (23rd November, 2024). There are objections received by the office of the respondent as against the said time table which are required to be dealt with and decided, by the said respondent authority, in accordance with law.

In consideration of the facts and circumstances as above, this Court is inclined to direct the respondent no.4 to extend the validity of the provisional time table as has been granted to the writ petitioner till after one week from the date of consideration of the objections received by it in office. The writ petition is disposed of.

Since no affidavits have been called for, allegations made in the writ petition, are deemed to have been admitted by the respondent.

Urgent certified photocopy of this order, if applied for, shall be supplied to the parties, on compliance of all necessary formalities.

(Rai Chattopadhyay, J.)