Disposed

Nirmalya Ghar v. State of West Bengal and Ors.

Calcutta HC2 Dec 2022WPA/8666/2021

Case brief

AI extract

What is this about?

Disposes of a Writ Petition regarding conflicting stage carriage timetables, granting liberty to the petitioner and private respondent to submit joint representations to the State Transport Authority for consideration with a hearing.

What did the court decide?

Liberty granted to petitioner and private respondent to submit comprehensive representations to State Transport Authority within 10 days; authority directed to consider same.

Nirmalya Ghar Vs State of West Bengal and Ors. — Service and Employment | Calcutta HC (2022)

¶1

02.12.2022 rc/ct.no.10 Item No.89

¶2

WPA No. 8666 of 2021

¶3

Mr. N.I.Khan Mr. Samiran Mondal Mr. Nitish Samanta …for the petitioner Mr. Sattwik Bhattacharjee Mr. A. Bhattacharjee …for the private respondent

¶4

Mr. Amal Kumar Sen Mr. Lal Mohan Basu …for the State

¶5

Supplementary affidavit filed by the petitioner is taken on record.

¶6

On the prayer of the petitioner leave is granted to him to implead the Secretary, State Transport Authority, West Bengal as respondent no. 9 in the writ petition.

¶7

The cause title of this writ petition be amended accordingly.

¶8

It is contended on behalf of the petitioner that the petitioner was granted stage carriage permit by the Secretary, Regional Transport Authority, Paschim Burdwan for plying his vehicle from Asansol to Bishnupur. Time table issued in favour of the petitioner was extended until further order. The Regional Transport Authority, Bankura granted time table in favour of the 8^th respondent which clashes with the time table issued in favour of the petitioner. The petitioner submitted a representation before the concerned authority requesting immediate steps to stop the illegal plying of the vehicle by the private

¶9

¶10

respondent. During pendency of the writ petition the time table issued in favour of the private respondent has been extended by the authority from time to time and on the strength of the same, the private respondent has been obstructing the petitioner in plying his vehicle in the route. The petitioner seeks liberty to submit a comprehensive representation before the Secretary, State Transport Authority, West Bengal being the 9^th respondent herein, ventilating his grievance and prays for direction upon the authority to consider the representation at the earliest.

¶11

It is submitted by the learned counsel appearing on behalf of the private respondent that an objection submitted by the private respondent before the Regional Transport Authority, Paschim Burdwan for cancellation of renewal of permit issued in favour of the petitioner is pending before the authority. He also submits that both the representations be taken up together upon hearing both the parties. He also seeks liberty to submit a fresh representation before the Authority so that both the representations can be dealt with by the Authority together

¶12

It is submitted by the learned counsel appearing on behalf of the State-respondents that since the permit issuing authorities are of two different regions, the representations may be taken up for consideration by the Secretary, State Transport Authority, West Bengal, being the 9^th respondent herein, in presence of the Secretaries of the respective Regional Transport Authorities.

¶13

¶14

In view of the above, the writ petition is disposed of with liberty to the petitioner and the private respondent to submit comprehensive representations ventilating their grievance before the Secretary, State Transport Authority, West Bengal, being the 9^th respondent herein, within 10 days from date.

¶15

The Secretary, State Transport Authority, West Bengal shall consider and dispose of the representations within one month from the date of receipt thereof upon affording reasonable opportunity of hearing to the petitioner and the private respondents as well as the concerned Regional Transport Authorities, in accordance with law.

¶16

The decision taken by the authority shall be communicated to the parties within a week thereafter.

¶17

With the above observations and directions this writ petition is disposed of.

¶18

There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

¶19

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

¶20

(Suvra Ghosh,J)

Nirmalya Ghar v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Nirmalya Ghar v. State of West Bengal and 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

Coram

Case details

Similar cases

Dinesh Khamri Vs State of West Bengal and Ors.

Birpur Fishermens Cooperative Society Limited Vs State of West Bengal and Ors.

Bikarna Naskar Vs State of West Bengal and Ors.

Asansol Mini Bus Association and Anr. Vs State of West Bengal and Ors.

Raju Chawbey Vs State of West Bengal and Ors.

Faruk Seare Rahaman and Anr. Vs State of West Bengal and Ors.