Sanjib Kumar Biswal v. The State Of West Bengal And ORS.

23.12.2024 Court No. 25 D.Hira WPA 29638 of 2024 Sanjib Kumar Biswal Vs.

The State of West Bengal & Ors.

Mr. Barun Kumar Samanta.

... for the petitioner Mr. Amal Kumar Sen, ld. A.G.P., Mr. Lal Mohan Basu.

... for the State 1.

Affidavit-of-service filed in Court today, is taken on record.

2.

This is a writ petition filed by the petitioner who seeks redress of his grievance that the replacement of vehicle by him as has been approved by the Permit Issuing Authority that is, The State Transport Authority, Odisha, has not been counter-signed as yet by the reciprocating authority that is, The State Transport Authority, West Bengal, thereby leaving the vehicle to lie idle and subjecting him to 'financial losses'.

3.

A letter of the Joint Secretary, STA, Odisha dated April 26, 2024 addressed to the Secretary, STA, West Bengal requesting for counter-signature, he has referred to, by dint of which the STA, Odisha has requested for recording the fact of replacement of vehicle in the permit and counter-signing the replacement of vehicle for operation.

4.

It has further been mentioned that written representation by the petitioner has remain unattended by the said authority as yet.

5.

The petitioner was granted permit by STA, Odisha initially on July 27, 2021 and thereafter, on April 26, 2024, he has replaced his old vehicle being Vehicle No. OR-22B/1888 by a new vehicle being Vehicle No. OD-11Q/2615.

6.

The Permit Issuing Authority, STA, Odisha has endorsed the new vehicle in the permit and written a letter to the reciprocating authority that is, STA, West Bengal vide letter dated April 26, 2024 for recording such replacement and counter-signing the permit.

7.

The STA, West Bengal is yet to take any steps as regards the same.

8.

Considering the submissions of the learned respective advocates of the parties and considered the records, the Court finds it proper that the petitioner be directed to file a comprehensive representation ventilating all the attending facts and his prayers, being supported by the necessary documents, before the STA, West Bengal.

9.

Let the respondent STA, West Bengal decide thereupon within a period of three weeks from the date of receipt of comprehensive representation from the petitioner.

10. In doing so, the said respondent shall afford an opportunity of hearing to the petitioner and deliver a reasoned order, unless the prayer of the petitioner is immediately granted by the same.

11. The decision thereof shall be communicated to the petitioner within one week from the date of its order.

12. Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents.

13. With the above observations and directions, the writ petition being WPA 29638 of 2024 is disposed of, along with the pending applications, if any.

14. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)