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Calcutta High CourtWPA/30401/2024disposed

Santanu Koner v. State Of West Bengal And ORS.

2025-01-14Hon'Ble Justice Rai Chattopadhyay3 pages

WPA 30401 of 2024 14.1.2025 Santanu Koner. -vs-The State of West Bengal & Ors. ct.25, sl.25 sk Ms. Kakali Dutta ....for the petitioner.

Mr. Pantu Deb Roy,Ld. AGP Mr. S.G.Biswas ...for the State Mr. Dilip Kr. Samanta Mr. Biswapriya Samanta Mr. Suhotro Palit ...for the respondent nos. 7 & 8.

Affidavit of service filed by the petitioner is taken on record.

Allegedly the private respondents have been violating the permit condition by deviating from the route on which they are plying in accordance with their permit and encroaching to the route on which the petitioner has been granted permit to ply his vehicle.

The petitioner as well as the private respondents are permanent stage carriage holders, who operate under valid permits. The petitioner has expressed his grievance by dint of the letter dated August 16, 2024 and September 6, 2024 and the demand notice dated September 24, 2024, before the concerned authorities. None of them has yet been considered and disposed of by the concerned respondent.

Hence, learned advocate for the petitioner has sought for an order in this case, that the respondent/the Secretary, Regional Transport Authority, Paschim Burdwan be directed to immediately consider the petitioner's representations as above.

Mr. Samanta, learned advocate is representing the private respondents and controverts the allegations made against his client.

Mr. Deb Roy, learned advocate is representing the State.

Considering all as above, this writ petition is disposed of by directing the respondent No. 4/Secretary, Regional Transport Authority at Paschim Burdwan to consider the petitioner's representation dated August 16, 2024 and September 6, 2024 and the demand notice dated September 24, 2024 and decide thereupon. In doing so, the State respondent shall grant an opportunity of hearing to the petitioner as well as the private respondents and any other persons as it may deem fit and proper and dispose of the same by dint of a reasoned order.

The entire exercise as above shall be concluded by the said authority within a period of three weeks from the date of communication of copy of this order and communicate his order to the writ petitioner as well as the respondent within one week thereafter.

With the above observations and directions the writ petition being WPA 30401 of 2024 is disposed of. Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents.

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

(Rai Chattopadhyay, J.)