Samaresh Bhattacharya v. State Of West Bengal And ORS.

February 20, 2024

(808) ARDR WPA 28667 of 2023 CAN 1 of 2024 Samaresh Bhattacharya Vs.

The State of West Bengal & ors.

Adv. D. K. Samanta, Adv. Biswapriya Samanta, ...for the petitioner.

Adv. Ayan Banerjee, Adv. Debapriya Chatterjee, ...for the State.

CAN 1 of 2024 Affidavit in opposition filed by the petitioner is taken on record.

Since none appears for the applicant on call the application, being CAN 1 of 2024 is dismissed for default. There shall however, be no order as to costs. WPA 28667 of 2023 Heard learned counsels for the parties.

The petitioner is a permanent stage carriage permit holder in the route Garamba to Nababhat and submitted an application before the concerned authority on 5th June, 2023 for diversion/curtailment of the said route. The application is yet to be considered. The petitioner seeks a direction upon the concerned authority to consider the application 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 dated 5th June, 2023 within six weeks from the date of communication of this order upon affording 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. With the aforesaid directions the writ petition is disposed of.

There shall however, be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)