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Calcutta High CourtWPA/28581/2025disposed

Atiar Rahaman Mondal v. State Of West Bengal And ORS.

2025-12-23Hon'Ble Justice Smita Das De3 pages

S/L 16 23.12.2025 Court No.10 Swd WPA 28581 of 2025 Atiar Rahaman Mondal Vs.

The State of West Bengal & Ors.

Mr. Sanat Kumar Roy.

Benazir Sk.

... for the Petitioner.

Mr. Ashish Kumar Guha, Mr. Sanjib Das.

... for the State.

1. Affidavit of service filed by the petitioner which is kept on record.

2. Heard the parties through their respective learned Counsels.

3. The petitioner in the instant case is an intending operator applied for issuing stage carriage permit which was approved in the RTA Board as per the meeting held on 03.12.2022 subject to issuance of the NOC as per rule 103 by the Regional Transport Authority, Bankura. Despite repeated reminders giver to the Secretary, Regional Transport Authority Bankura District, the same has been kept pending unnecessarily.

4. The learned Counsel for the petitioner submits that a resolution has been taken by the Chairman of RTA, Purba Bardhaman dated 03.12.2025 being annexure P2 page 13 which is reproduced below:

"Bajitpur to Burdwan Alisha Bus Stand, via Balsi, Patrasayer, Kakardanga, Rasulpur, Khandaghosh, Bankura More."

The distance of the proposed route is 53 km. The Distance from Alisha Bus stand to Bardhaman Bankura Border is 30 km. and it is under juridiction of RTA, Purba Bardhaman, Rest of the route from Bardhaman Bankura border to Bajitpur is 23 km. under Juridiction of RTA, Bankura. The road is motorable and It is existing bus route. The Permit is hereby issued sub, till Receiving of NOC from RTA, Bankura, ii) Establishment of Clash-Frees time Table iii) Production of Bus having at least BS-III norms. iv)Passing of Vehicle after Physical health checkup of the same for the safety of common passengers."

5. After hearing the parties at length I am of the considered view that since the major portion of the route in question falls within the RTA, Purba Bardhaman, it is incumbent upon RTA, Bankura to issue 'No Objection Certificate' under Rule 103 of the West Bengal Motor Vehicle Rules, 1989 for the stage carriage permit.

6. I direct the respondent No.6 to issue no objection certificate within a period of four weeks from the date of the communication of this order

7. With the above observation and directions, this writ petition WPA 28581 of 2025 is disposed of without taking any exception of the merits of the case.

8. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Smita Das De, J.)