Md. Shafique Alam v. State Of West Bengal And ORS.
10-02-2026 ct no. 10 Sl. 13 RP WPA 28593 of 2025 Md. Shafique Alam -VersusState of West Bengal & Ors..
Mr. Sattwik Bhattacharyya, Mr. Aritra Roy, Mr. Titas Niyogi, Mr. Rohit Basak, Ms. Reshma Sharma ...for the petitioner Mr. Pantu Deb Roy, Mr.Pannalal Bandopadhyay, ...for the State Ms. Aishwarya Rajyashree ...for the respondent no. 4 Ms. Kakali Dutta ...for respondent no. 5
1. The petitioner in the instant case has raised an objection against an illegal grant of a permit being no. WB2025 SC-0360A on the inter-State route Purulia to Ichadih via Swarnrekha Ghat, Tata, in favour of Mal Kahn Mahto againt Vehicle No. WB 55D-5915 (BS-VI, 2024 Model).
2. The petitioner submits that initially the route alignment was from Purulia to Ichadih via Swarnrekha Ghat, Matha under Serial No. 24 of the Reciprocal Trasport Agreement, 1975.
Subsequent thereto, the route touching 8Matha9 was deleted by incorporating 8Tata9 as per the notification dated 29th March, 2004.
3. The petitioner submits that the error of incorporating Tata in place and stead of Matha has been wrongly executed by the STA, West
Bengal by way of a gazetted notification dated 29th March, 2004.
4. Due to incorporation of Tata in place of Matha in the route alignment, there is an issue of overlapping for which the petitioner is facing acute problem in plying his vehicle in the subject route.
5. The learned Counsel appearing for the private respondent submits that the petitioner9s permit has been granted by the STA, Jharkhand and not by the STA, West Bengal and the vehicles are plying as per the schedule route as such there arises no overlapping/ clash of the route in question.
6. The learned Counsel appearing for the State fairly submits that both the STA of West Bengal and Jharkhand shall hold a joint meeting and arrive at a consensus to resolve this issue in the light of 8(f) and 2(c) of the gazetted notification dated 23.09.2004.
7. After careful consideration of the case and on the basis of the available records, I direct both the authorities namely, STA Jharkhand and West Bengal to consider the representation dated 05.08.2025 in the light of the 8(f) and 2(c) of the gazetted notification for arriving at a logical conclusion, in order to resolve the impasse that has been created by incorporating Tata in place and stead of Matha
in the route alignment. Since there exists an element of overlapping and congestion of the route in question, I direct the Motor Vehicle Inspector (enforcement of the respective state to hold a road inspection within two weeks and file a report accordingly within a week thereafter before the respective authority concerned. Upon receiving such report both the authorities in virtual mode shall fix a date of hearing by serving notices of hearing to the petitioner and the private respondent including other stake holders if any. The authority shall consider and pass reasoned order in accordance with law and communicate such decision within a week thereafter.
8. The entire exercise to be completed within 8 weeks from the date of communication of this order.
9. The writ petition being WPA 28593 of 2025 is disposed of without taking any exception to the merits of the case.
(Smita Das De, J.)