Subrata Kundu v. State Of West Bengal And ORS.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side 52 30.1.2025 Sc Ct. no. 2 WPA 25 OF 2025 ------------- Sri Subrata Kundu Vs.

The State of West Bengal & Ors.

Mr. Ratan Das Mr. Swarup Das.

....For the Petitioner Mr. Hirak Barman Mr. Sourav Sarkar.

....For the State Leave is granted to the petitioner to cause necessary correction in the cause title of the original writ petition to correct the description of the respondent no.3 by putting the signature of the learned advocate on record for the petitioner.

Mr. Ratan Das, learned Advocate appears through virtual mode for the petitioner.

Mr. Hirak Barman, learned State Advocate with Mr. Sourav Sarkar, learned State Advocate appears for the State respondents.

Pursuant to the last order dated January 8, 2025 no report has been submitted by the State even today. Annexure-P1 at page 13 to the writ petition shows that, the RTA has already decided that, subject to certain conditions mentioned against serial number 3

therein against the name Subrata Kundu, necessary permit shall be issued.

Learned Advocate for the petitioner refers to pages 13 to 17 from the writ petition and submits that, there is no further impediment in receiving the permit from the respondent no.8.

In view of the above, the Jurisdictional Regional Transport Authority, RTA, Cooch Behar (for short the said RTA) upon issuing a prior notice to the petitioner and the objector, if any, shall verify all the necessary documents and records already on record and also to be produced by the petitioner, if any is required to be produced, shall consider the issue for issuing permit by passing a reasoned order in accordance with law.

It is noted that, if any further document or clarification is required, the said RTA shall call for the same from the petitioner and the petitioner shall furnish those positively before the said RTA within a reasonable timeframe to be framed by the said RTA. The entire exercise shall be carried out and completed by the said RTA positively within a period of four weeks from the date of communication of this order.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions this writ petition, WPA 25 of 2025 stands disposed of, without any order as to costs.

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

(Aniruddha Roy, J.)