Indra Nath Sen v. State Of West Bengal And ORS.

15.12.2023 rc/ct.no.10 Item No.570 WPA No. 27043 of 2023 Indra Nath Sen

Versus

The State of West Bengal & Ors.

Mr. Sanat Kumar Roy Mr. Abhishek Banerjee ...for the petitioner Mr. Pantu Deb Roy Mr. Manas Kumar Sadhu ....for the State Affidavit of service filed in Court is taken on record. Heard learned counsels for the parties.

The petitioner is the holder of permit on the route Burdwan to Shaktigarh Township extended upto Khikyaniketan which is valid upto September 17, 2024. Learned counsel for the petitioner submits that the District Magistrate, Burdwan issued a notification on October 31, 2014 restricting plying of buses through Burdwan Town and old G.T.Road. Petitioner's vehicle falls within the exception laid down in the said notification. The petitioner submitted a representation in this regard before the concerned authority on October 06, 2023 which is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation at the earliest. Learned counsel for the respondents submits that the 2nd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation submitted by the petitioner on October 06, 2023 within a period of four weeks from the date of communication of this order, after giving reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. Pending disposal of the representation the petitioner shall continue to ply his vehicle in terms of the permit granted in his favour.

With the above observations and directions this writ petition is disposed of.

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

(Suvra Ghosh,J)