Suvankar Barik v. State Of West Bengal And ORS

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTI0N ORIGINAL SIDE WPO/22/2026 SUVANKAR BARIK VS STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE SMITA DAS DE Date : 6th February, 2026.

Appearance:

Mr. Saktipada Jana, Adv.

....for the petitioner Mr. Pantu Deb Roy, A.G.P.

Mr. Pannalal Bandopadhyay, Adv.

Mr. Subrata Guha Biswas, Adv.

....for the State The Court : The petitioner is an intending operator who made two applications for grant of permit against the vacancy notice declared in respect of Inter-State Route Cooch Bihar to Ranchi on 26.08.2025. However, the vacancy notice being Annexure P-2 at page 34 of the petition mentions that applications against the vacancies shall only be accepted from the 7th day after the date of notification of these vacancies or from the date of uploading on the Department Website, whichever is later. The petitioner made two applications for the grant of permit on 28th August, 2025, after two days from the date of publication of the vacancy notice but the same were rejected by the authority concerned on 25.11.2025. The decision of the STA is at page 37 of the petition, which is enumerated below :

"Two applications were received within debarred period for the Inter State Route as stated above. Members of the STA Board Considered and rejected the applications as mentioned in serial No. 1 and 2." Thereafter, two further applications were made by the petitioner on 25th November, 2025 after the date of expiry as mentioned in the vacancy notice.

The petitioner submits that in the light of the vacancy notice, the two applications filed by the petitioner are not barred by limitation. Mr. Pantu Deb Roy, learned Additional Government pleader, fairly submits that the route in question pertains to Inter-State Route guided by Reciprocal Transport Agreement. There are only two vacancies but the learned Counsel is unable to apprise the Court with regard to the filling up of the said vacancies.

After careful consideration of the case on the basis of the available records, I direct the respondent authorities to consider the two applications of the petitioner dated 25.11.2025, subject to the status of the filling up of the vacancies against the Notice dated 26.8.2025 and shall pass a reasoned order in accordance with law within a period of six weeks upon giving hearing to the petitioner or its representative and other interested parties, if any, and communicate such decision to the petitioner accordingly. The writ petition is disposed of without going into the merits of the case.

(SMITA DAS DE, J.) gb.