Soumen Bhattacharyya Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Soumen Bhattacharyya Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without any order as to costs, with directions to the Motor Vehicles Inspector (Technical), Director, Public Vehicle Department to independently enquire into and consider the petitioner's representation dated 29th May, 2025 and pass a reasoned order within eight weeks after affording the petitioner an opportunity of hearing, to be communicated preferably within a week thereafter.

Issue for consideration

Whether respondent Nos. 6 and 7 are plying their vehicles illegally and unauthorisedly despite expiry of their fitness certificates, and whether the fitness certificate of vehicle No.WB 15A 6349 was fraudulently obtained from Bihar. +1 more

Court's answer

Made clear that if the Director, Public Vehicle Department finds any element of gross irregularities on the part of respondent Nos. 6 and 7, the authority concerned shall forthwith take appropriate steps in accordance with law.

Ratio / Principle

Directed the Motor Vehicles Inspector (Technical), Director, Public Vehicle Department to make an independent enquiry and consider the petitioner's representation dated 29th May, 2025 (annexure P5, page 40 of the writ petition), passing a reasoned order within eight weeks in accordance with law upon affording the petitioner an opportunity of hearing; such order to be communicated to the concerned parties preferably within a week thereafter.

Detailed headnote1 paragraphs

Writ petition disposed of with enquiry directions: The petitioner, holder of a Permanent Stage Carriage Permit issued by the Regional Transport Authority, Hooghly for vehicle No.WB 17N 2569 on the Arambagh to Ghatal via Khirpai route, challenged the permits issued by the same authority to respondent No.6 (vehicle No.WB 15A 6349, Tarakeswar to Balidenganj via Chanpadanga, Arambagh) and respondent No.7 (vehicle No.WB 15A 6129, Chuchura to Bankura via Tarakeswar, Arambagh, Kotulpur and Bishnupur). He alleged that respondent Nos. 6 and 7 were plying their vehicles illegally and unauthorisedly despite expiry of fitness certificates, and that the fitness certificate for vehicle No.WB 15A 6349 had been fraudulently obtained from Bihar; his representation dated 29th May, 2025 remained unconsidered. The State did not object and undertook that any gross irregularity revealed would be probed. Directing an independent enquiry, the Court ordered the Motor Vehicles Inspector (Technical), Director, Public Vehicle Department to consider the representation and pass a reasoned order within eight weeks in accordance with law after affording the petitioner a hearing, to be communicated preferably within a week thereafter, and made clear that if gross irregularities were found on the part of respondent Nos. 6 and 7, appropriate steps would follow forthwith in accordance with law. Disposed of without costs. (Smita Das De, J.)

S/L 6 11.11.2025 Court No.10 Swd

WPA 15198 of 2025

Soumen Bhattacharyya Vs.

The State of West Bengal & Ors.

Ms. Kakali Dutta

… for the Petitioner.

Mr. Pantu Deb Roy, Ld. A.G.P Mr. Pannalal Bandyopadhyay. Mr. S. Kumar Ray, Mr. Atanu Basu.

… for the State.

… for the Respondent No.5 & 6.

Affidavit of service be kept with the record.

The parties are represented through the learned Counsels.

The petitioner, in the instant case, is a permit holder for plying a vehicle in the route Arambagh to Ghatal via Khirpai. The Permanent Stage Carriage Permit was issued by the Regional Transport Authority, Hooghly in respect of the vehicle bearing No.WB 17N 2569.

Main grievance of the petitioner is with regard to the issuance of the Permanent Stage Carriage Permit in respect of the Respondent No.6 by the Regional Transport Authority , Hooghly in respect of the vehicle No.WB 15A 6349 for plying in the route Tarakeswar to Balidenganj via Chanpadanga Arambagh and another Permanent State Carriage permit in respect of the Respondent No.7 for plying vehicle No.WB 15A 6129 in the route Chuchura to

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bankura via Tarakeswar, Arambagh, Kotulpur and Bishnupur.

The petitioner submits that the respondent Nos.6 and 7 are plying their vehicle illegally and unauthorisedly, despite the fitnees certificate has being expired. It is further submitted that the fitness certificate in respect of the vehicle No.WB 15A 6349 has been fraudulently obtained from Bihar.

The petitioner has already made a representation dated 29^th May, 2025 which was received by the department on 30^th May, 2025. Till date the said representation is pending for consideration.

The learned Counsel for the respondent Nos. 6 and 7 submits that the petitioner is making unfounded allegations already one vehicle has been scraped and the other vehicle is plying with a valid papers.

The learned Counsel appearing for the State does not object to the same but submits that upon consideration if any gross irregularities are revealed then the authority shall probe and take cognizance of the issue in accordance with law..

After hearing the rival contentions of the parties and considering the materials available on record, I direct the Motor Vehicles Inspector (Technical), Director, Public Vehicle Department to make independent enquiry and consider the representation dated 29^th May, 2025 being annexure P5 at page 40 of the writ petition by

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passing a reasoned order within the period of eight weeks in accordance with law upon affording opportunity of hearing to the petitioner. Such order shall be communicated to the concerned parties accordingly preferably within a week thereafter.

With the above observation and directions, this writ petition WPA 15198 of 2025 is disposed of without any order as to costs. It is made clear if the Director, Public Vehicle Department finds any element of gross irregularities on the part of the respondent Nos.6 and 7 then the authority concerned shall forthwith take appropriate steps in accordance with the law.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Smita Das De, J.)