Siliguri Inter District Mini Bus Owners Association And ORS v. The State Of West Bengal And ORS

05.01.2023 SL.16, Ct.2 AJ.

In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side W.P.A. 3429 of 2022 Siliguri Inter District Mini Bus Owners Association & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Nabankur Paul.

......for the petitioners.

Mr. Hirak Barman, Ms. Bedashruti Bose.

......for the State.

Mr. Raja Saha, Mr. Sanjay Mukherjee, Mr. Subham Chanda.

......for the S.J.D.A.

Mr. Bikramaditya Ghosh.

......for the N.B.S.T.C.

The associations of the owners of the private buses are the petitioners of the instant writ petition.

There is a bus terminus in Siliguri known as "Tenzing Norgay Central Bus Terminus". The said terminus is on the Government land and is managed by the North Bengal State Transport Corporation (NBSTC).

The members of the petitioners, in an arrangement with the NBSTC, are parking their buses in the rear portion of the said bus terminus.

The grievance of the petitioners is that they are facing inconvenience by the fencing which the NBSTC has recently put between their parking lot and the parking lot of the NBSTC and is praying removal of the same.

No legal right of the petitioners has been infringed by the said action of the NBSTC inasmuch as the bus terminus admittedly is on the Government land and the petitioners have been allowed to occupy a portion thereof only. In view of the aforesaid, the petitioners have no cause of action to file the present writ petition, accordingly W.P.A. 3429 of 2022 is dismissed without any order as to costs.

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

(Biswajit Basu, J.)