Ashraful Alam v. State Of West Bengal And ORS

11-12-2019 Court No.2 Sh/38.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI WRIT APPELLATE JURISDICTION APPELLATE SIDE W.P.A. 795 OF 2019 Ashraful Alam. . . . . Petitioner.

Vs.

The State of West Bengal & Ors.... .Respondents. Mr. Debajit Kundu, Ms. Sudakshina Dey.

. . .For the Petitioner.

Mr. Subir Kumar Saha, Mr. Ankan Mitra.

. . .For the State.

1.

Affidavit of service filed in Court today is kept with the record.

2.

This is an application under Article 226 of the Constitution of India, wherein the petitioner is aggrieved by the inaction on the part of the respondent authorities in considering the application of the petitioner for grant of permit to carry on animal goods in terms of his representation dated September 25, 2019.

3.

Mr. Saha, learned counsel appearing on behalf of the respondent authorities submits that the representation made is not in the correct format and the same is required to be made in accordance with law under the West Bengal Motor Vehicles Rules, 1989. 4.

I have heard the submissions made by the respective parties and perused the materials on record.

5.

In the light of the above submission, I direct the petitioner to file an application in the appropriate format within four weeks from date and upon such application being made by the petitioner within the aforesaid time, the respondent authorities shall consider such application of the petitioner and pass necessary orders within four weeks thereafter. 6.

This writ petition being W.P.A. 795 of 2019 is, accordingly, disposed of.

7. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

8.

Urgent Photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.

( SHEKHAR B. SARAF, J)