Pankaj Gupta Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Pankaj Gupta Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction upon respondent no. 5 to take appropriate follow-up action in pursuance of Memo No. TPT20012(18)/7/2025 dated March 7, 2025, issued by the Joint Secretary, State Transport Authority, West Bengal, within two months from the date of communication of the order; if required, the State Transport Authority may issue a notice to the petitioner to furnish further documents, and upon receipt and consideration of such documents the authority shall take all steps necessary for the countersignature of the permit in accordance with law.

Issue for consideration

Whether respondent no. 5, which had taken no steps despite the petitioner approaching it with all necessary documents pursuant to the advice of the Joint Secretary, State Transport Authority, West Bengal, could be directed to act towards countersignature of the petitioner's inter-State permit for the Siliguri–Saharsa route.

Court's answer

There was no justification to keep the present writ petition pending.

Ratio / Principle

The writ petition was disposed of with a direction upon respondent no. 5 to take appropriate follow-up action in pursuance of Memo No. TPT20012(18)/7/2025 dated March 7, 2025 within two months from communication of the order; the State Transport Authority may issue a notice calling for further documents and, upon receipt and consideration of such documents, shall take all steps necessary for the countersignature of the permit in accordance with law.

Detailed headnote1 paragraphs

Writ petition (WPA 16893 of 2025) by Pankaj Gupta seeking a direction to respondent no. 5 to countersign permit P.St.P. No. WB-2025SC-0163A (vehicle registration no. WB-2025-SC-0163A) for plying on the Siliguri–Saharsa inter-State route via Dalkhola and Purnea. The State Transport Authority, West Bengal had issued the permit and, by Memo No. TPT-20012(18)/7/2025 dated March 7, 2025, its Joint Secretary had requested the Secretary, State Transport Authority, Bihar to countersign it, advising the petitioner to approach the State Authority with requisite documents. The petitioner did so with all necessary documents, but respondent no. 5 took no steps. Holding there was no justification to keep the petition pending, Kausik Chanda, J. disposed of the writ petition with a direction to respondent no. 5 to take appropriate follow-up action in pursuance of the Memo within two months from communication of the order, with liberty to the State Transport Authority to call for further documents by notice and, upon receipt and consideration thereof, to take all steps necessary for the countersignature of the permit in accordance with law.

Sl. No.16 05.08.2025 Ct. 15

Suman

WPA 16893 of 2025

Pankaj Gupta Vs.

The State of West Bengal and Ors.

Mr. Sankar Nath Mukherjee Mr. Niraj Gupta

..for the petitioner

Mr. Pantu Deb Roy Mr. Pannalal Bandopadhyay ..for the State

The petitioner seeks a direction upon respondent no. 5 to countersign the permit of his vehicle bearing registration no. WB-2025-SC-0163A for plying on the Siliguri–Saharsa route via Dalkhola and Purnea.

It appears that the State Transport Authority, West Bengal, issued a permit bearing P.St.P. No. WB-2025SC-0163A for the aforesaid inter-State route. Subsequently, by Memo No. TPT-20012(18)/7/2025 dated March 7, 2025, the Joint Secretary, State Transport Authority, West Bengal, requested the Secretary, State Transport Authority, Bihar, to countersign the said permit. By the same communication, the petitioner was advised to approach the State Authority with all requisite documents for obtaining such countersignature.

2

Learned counsel for the petitioner has drawn the attention of this Court to page 21 of the writ petition to indicate that, in compliance with the advice of the Joint Secretary, State Transport Authority, West Bengal, the petitioner duly approached respondent no. 5 with all necessary documents.

It is the petitioner’s grievance that, to date, respondent no. 5 has taken no steps towards countersigning the permit.

I find no justification to keep the present writ petition pending.

Accordingly, the writ petition is disposed of with a direction upon respondent no. 5 to take appropriate follow-up action in pursuance of Memo No. TPT20012(18)/7/2025 dated March 7, 2025, issued by the Joint Secretary, State Transport Authority, West Bengal, within two months from the date of communication of this order. If required, the State Transport Authority may issue a notice to the petitioner to furnish any further documents deemed necessary. Upon receipt and consideration of such documents, if any, the authority shall take all steps necessary for the countersignature of the permit in accordance with law.

Accordingly, WPA 16893 of 2025 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

3

(Kausik Chanda, J.)