Disposed

Sanat Makal v. State of West Bengal & Ors.

Calcutta HC5 Aug 2021WPA/1848/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the inaction of the respondent authorities in accepting his permit application for an auto rickshaw. The court directed the department to consider the application after providing a hearing opportunity within four weeks and to pass a reasoned order.

What did the court decide?

The writ petition was disposed of with a direction to the department to consider the application with a hearing opportunity within four weeks and communicate a reasoned order within one week of passin

Sanat Makal Vs State of West Bengal & Ors. — Service and Employment | Calcutta HC (2021)

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Ct. No. 26 45 akb

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05.8 2021

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W.P.A. 1848 of 2020

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Sanat Makal -Versus-

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State of West Bengal & Ors.

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Mr. Sanat Kumar Roy Mr. Abhishek Banerjee …For the Petitioner

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Mr. Amal Kumar Sen, Ld. AGP Mr. Lal Mohan Basu

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…For the State Respondents

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Supplementary affidavit filed by the petitioner in Court today be kept with the record.

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This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in accepting his application form and fees for granting of permit (auto ricksaw).

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I have heard learned Counsel appearing on behalf of the parties and perused the materials placed on record.

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It appears that the application form has now been accepted by the Department. However, learned Counsel appearing on behalf of the Department submits that the fees are not required to be paid and the petitioner shall make the payment of fees, if upon consideration, his application is accepted.

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In light of the above, the department is directed to consider the application filed by the petitioner upon granting an opportunity of hearing to the petitioner within a period of four weeks from date and thereafter, pass a reasoned order on the same. The reasoned order shall be communicated to the petitioner within a period of one week from the date of passing of the same.

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In the event, petitioner’s application is accepted,

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the department will take the fees at once from the petitioner and act in accordance with law.

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With these observations, the writ petition is disposed of.

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Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

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There will be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.

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( Shekhar B. Saraf, J.)

Sanat Makal v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Sanat Makal v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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