Disposed¶19

Barasat Uluberia Bus Owners Welfare Association and Anr. v. State of West Bengal and Ors.

Calcutta HC12 Mar 2025FMA/240/2025

Case brief

AI extract

What is this about?

Interim relief amounting to final relief at interim stage; notification dated 09.11.2006; plying of vehicles / bus operation; Barasat Uluberia Bus Owners Welfare Association & Anr. v. The State of West Bengal & Ors.; F.M.A. 240 of 2025 with CAN 1 of 2025; appeal against Single Judge order dated 02.01.2025 directing exchange of pleadings without interim order; opposition filed, reply outstanding; reply to be filed within two weeks; mention before writ court on urgency; disposed without opinion on merits.

What did the court decide?

Appeal disposed of without expressing any opinion on the merits of the pending writ petition; liberty to the appellant to file his reply within 02 (two) weeks in the writ proceedings, and liberty left open to make a mention before the writ court on grounds of urgency. ¶19

Barasat Uluberia Bus Owners Welfare Association and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether interim relief could be granted in the pending writ petition by holding that the plying of vehicles by the private respondents was not in conformity with the notification dated 09.11.2006, where such grant would amount to granting the final relief at the interim stage. +1 more

¶17

Court's answer

The Division Bench is in agreement with the conclusion of the Hon'ble Single Judge that grant of interim relief, by holding that the plying of vehicles by the private respondents was not in conformity with the notification dated 09.11.2006, would amount to granting the final relief in the writ proceedings at the interim stage.

¶17

Ratio / Principle

The appeal is disposed of without expressing any opinion on the merits of the pending writ petition, with liberty, as prayed for, to the present appellant to file his reply within 02 (two) weeks.

¶19

Key takeaways

It is left open to the appellant to make a mention before the writ court on grounds of urgency.ratio¶20

Detailed headnote1 paragraphs

Division Bench disposes of an F.M.A. directed against the Hon'ble Single Judge's order dated 02.01.2025, which had directed exchange of pleadings in a pending writ petition (concerning plying of vehicles by private respondents allegedly not in conformity with a notification dated 09.11.2006) and fixed the matter in the combined monthly list of February 2025 without any interim order. The Bench agrees with the Single Judge's conclusion that granting interim relief on the footing of non-conformity with the notification dated 09.11.2006 would amount to granting the final relief in the writ proceedings at the interim stage. Without expressing any opinion on the merits, the appeal is disposed of with liberty to the appellant/writ petitioner to file his reply within two weeks (opposition having been filed by the State and the private respondent), and with liberty to make a mention before the writ court on grounds of urgency.

Barasat Uluberia Bus Owners Welfare Association and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Barasat Uluberia Bus Owners Welfare Association and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shailabala Mondal Vs State of West Bengal and Ors.

Santanu Ghosh Vs Union of India & Ors.

Kamal Krishna Halder Vs Union of India and Ors.

Dn 16 and 16/1 Bus Syndicate Vs Subrata Karmakar and Ors.

Dr. Sujit Chakraborty Vs Union of India & Ors.

Sudarsan Bandyopadhyay Vs Union of India and Ors.