Md.Salahuddin v. State Of West Bengal And ORS.

04.01.2023 rc/ct.no.10 Item No.ML-696 WPA No. 28533 of 2022 Mr. Bhaskar Nandy ...for the petitioner Mr. Amal Kumar Sen Mr. Lal Mohan Basu ...for the State Affidavit of service filed in Court today is taken on record.

The petitioner claims to be the registered owner of a LP 912/52 TATA Make 2020 Model Bharat Stage VI Compliant bus bearing registration no. WB 04H/9361 and applied for grant of permit along with prescribed fees before the concerned authority on 19th October, 2022 in terms of the notice issued by the authority on 8th September, 2022 declaring two vacancies in route no. 202. The said application not being taken into consideration by the authority, the petitioner submitted a representation in this regard before the authority on 1st December, 2022 which has also not been considered. The petitioner prays for a direction upon the concerned authority to consider his representation in terms of the notice dated 8th September, 2022 at the earliest.

It is submitted on behalf the respondents 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 1st December, 2022 in terms of the notice dated 8th September, 2022 and upon the petitioner depositing the prescribed fees and complying with all formalities, along with any other application in respect of the said route, if any, pending before the authority within a period of six weeks from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. 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)