Sunil Kumar Sarkar Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Sunil Kumar Sarkar Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with four directions: respondent no. 2/Regional Transport Authority to (i) immediately receive and acknowledge the petitioner's Route No. 6A permit application filed in prescribed form with requisite fees, (ii) consider it for grant of permit subject to availability of vacancy along with other similar applications, if any, (iii) conclude the exercise within six weeks from communication of the order, and (iv) communicate the result to the petitioner within one week from passing of the order.

Issue for consideration

Whether the Regional Transport Authority (respondent no. 2) should be directed to receive, acknowledge, consider and decide the petitioner's application for grant of permit for Route No. 6A, submitted in prescribed form with applicable fees, which had not been accepted by that authority.

Court's answer

Respondent no. 2/Regional Transport Authority directed to immediately receive and acknowledge the petitioner's application for permit for Route No. 6A made in the prescribed form with the requisite fees.

Ratio / Principle

Respondent no. 2 directed to consider the petitioner's permit application for the purpose of grant of permit, subject to availability of vacancy, along with other similar applications, if any.

Key takeaways

Respondent no. 2 directed to conclude the entire exercise within a period of six weeks from the date of communication of a copy of the order.ratio¶18
Result of the consideration to be communicated to the petitioner within one week from the date of the order being passed by respondent no. 2.ratio¶19
Since no affidavits were called for, the allegations made in the writ petition are deemed to have been denied by the respondents.

Detailed headnote1 paragraphs

Writ petition WPA 17718 of 2024 (decided 12.08.2024) by Sunil Kumar Sarkar against the State of West Bengal & Ors., disposed of with directions. Petitioner complained that, although he had applied for grant of permit for Route No. 6A in Howrah Region (where a vacancy had been advertised pursuant to a notification dated May 20, 2003, covering Danesh Seikh Lane (Shalimar Paint) to Esplanade back via Shibpur Howrah Stn. Brn. Rd. Mission Row), submitting a representation dated February 1, 2024 with the prescribed format and applicable fees and a further request dated March 14, 2024 through his counsel to respondent no. 3, his application had not been accepted by respondent no. 2/Regional Transport Authority. The State, represented by Mr. Amal Kumar Sen, Ld. A.G.P., denied the allegation. The Court directed respondent no. 2 to (i) immediately receive and acknowledge the application made in prescribed form with requisite fees, (ii) consider it for grant of permit subject to availability of vacancy along with similar applications, (iii) conclude the exercise within six weeks of communication of the order, and (iv) communicate the result to the petitioner within one week. No affidavits were called for; allegations were deemed denied.

12 12.08.2024 Court No. 25 D.Hira

WPA 17718 of 2024

Sunil Kumar Sarkar Vs. State of West Bengal & Ors.

Mr. N.I. Khan, Mr. Arun Kanti Bera.

… for the petitioner

Mr. Amal Kumar Sen, Ld. A.G.P., Ms. Aslima Das (Sil). ... for the State

1. Affidavit-of-service filed in Court today is taken on record.

2. The writ petitioner is aggrieved that in spite of submission of application for grant of permit, in requisite prescribed form, along with applicable fees therefor, his application has not yet been accepted by the Regional Transport Authority/respondent no. 2.

3. Mr. N.I. Khan, learned counsel appearing for the writ petitioner has pointed out that pursuant to the notification dated May 20, 2003 vacancy in the route no. 6A was advertised in Howrah Region, covering the area of Danesh Seikh Lane (Shalimar Paint) to (Esplanade back via Shibpur Howrah Stn. Brn. Rd. Mission Row).

4. He says that the petitioner has submitted a representation dated February 1, 2024 along with the prescribed format and applicable fees.

5. He has further submitted that another request under cover of the letter of learned counsel dated March 14,

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2024 has also been forwarded to the office of the respondent no. 3.

6. The petitioner has alleged about gross inaction by the respondent, in responding to his application for grant of permit as well as learned advocate’s letter.

7. Mr. Amal Kumar Sen, learned Additional Government Pleader is representing for the State. So far as the allegation of the petitioner regarding not accepting the application for permit filed by him in prescribed form along with requisite fees is concerned, the same is denied on behalf of the said respondent, by Mr. Sen.

8. Considering the facts and circumstances of the case as above, it is found proper that the present writ petition be disposed of with the following directions:(i). The respondent no. 2/Regional Transport Authority shall immediately receive and acknowledge petitioner’s application for permit with respect to Route No. 6A, made in the prescribed form along with the requisite fees;

(ii). The respondent no. 2 shall consider the application for permit submitted by the petitioner as mentioned above, for the purpose of grant of permit, subject to availability of vacancy and along with other similar applications, if any.

(iii). The respondent no. 2 shall conclude the exercise as above within a period of six weeks from the date of communication of copy of this order;

(iv). The result thereof shall be communicated to the petitioner within one week from the date of order passing by the respondent no. 2.

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9. Since no affidavits are called for, allegations made in the writ petition, are deemed to have been denied by the respondents.

10. This writ petition being WPA No. 17718 of 2024 is disposed of, along with the pending applications, if any.

11. Urgent Photostat certified copy of this order duly downloaded from the official website of this Court upon compliance all legal formalities.

(Rai Chattopadhyay, J.)