Gopal Chandra Mohanty v. The State Of West Bengal And ORS

OD-5

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/376/2025 GOPAL CHANDRA MOHANTY VS THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 24th September, 2025 Appearance:

Mr. Sankar Nath Mukherjee, Adv.

Sk. Samim Akhtar, Adv.

... for petitioner Mr. Pantu Deb Roy, Adv.

...for State The Court : Affidavit of service filed by the petitioner is taken on record.

The petitioner submits that he applied for an Inter-State Stage Carriage permit for the route from KCBT Santragachi to Gopalpur before the State Transport Authority, Government of West Bengal, which was rejected on the ground of no vacancy at the relevant point of time. The petitioner further submits that one of the permit holders of the said route, Mrs. Tilottama Mishra, has passed away, and on account of her death, a vacancy has arisen for the said permit. The petitioner

contends that his application ought to be considered against the vacancy created due to the demise of Tilottama Mishra. Learned advocate appearing for the State, on the other hand, submits that steps will be taken to formally notify the vacancy by the State Transport Authority and that unless such vacancy is officially declared, the petitioner's application cannot be considered. In view of the foregoing, the writ petition is disposed of with a direction upon the State Transport Authority, Government of West Bengal, to take necessary steps for officially declaring the vacancy on account of the death of Tilottama Mishra.

Thereafter, the State Transport Authority shall take appropriate steps for filling the said vacancy. The Authority shall consider the petitioner's application along with other applications, in accordance with law, for the purpose of filling the vacancy.

The entire exercise shall be completed within three months from the date of communication of this order.

Accordingly, WPO/376/2025 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties in compliance of all legal formalities. (KAUSIK CHANDA, J.) SN.

AR(CR)