Goutam Sarkar and Ors. Vs State of West Bengal and Ors. — Motor Accident Claims | Calcutta HC (2026)

Goutam Sarkar and Ors. Vs State of West Bengal and Ors. — Motor Accident Claims | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of without any exception to the merits, with directions: petitioners to file a fresh route-diversion application under Section 80(3), Motor Vehicles Act before the Regional Transport Authority, 24-Parganas (South) within 2 weeks; the authority to pass a reasoned order within 6 weeks after hearing the petitioners and other interested persons and communicate the decision within a week thereafter; meanwhile petitioners restrained from the self-created route but free to ply per the permit route.

Issue for consideration

Whether the petitioners' plying of auto rickshaws on a self-created route from Behala Police Station to KMC Cultural Math (about 2.5 km), not forming part of the approved permit route, amounted to unauthorized operation in violation of permit conditions. +2 more

Court's answer

On the State's report, the petitioners were found to have been operating their vehicles unauthorizedly on a self-created route in flagrant violation of the permit conditions.

Ratio / Principle

The Regional Transport Authority, 24-Parganas (South) is the competent authority to decide the matter; the writ petitioners were directed to make a fresh application under Section 80(3) of the Motor Vehicles Act for diversion of the route before that authority within two weeks.

Key takeaways

On receiving the application, the authority concerned is to dispose of the representation by passing a reasoned order within six weeks in accordance with law, affording an opportunity of hearing to the petitioners and other interested persons, and to communicate the decision within a week thereafter.ratio¶18
Until the authority's decision, the petitioners are restrained from plying on the self-created route, while remaining at liberty to ply their vehicles as per the route mentioned in the permit.ratio¶19

Detailed headnote1 paragraphs

WPA 21937 of 2025 (Smita Das De, J.; decision dated 10-02-2026): Auto rickshaw owners holding a permit for the Behala Police Station to Zinjira Bazar route via Parnasree, Rabindranagar had diverted to an unapproved self-created route of about 2.5 km up to KMC Cultural Math. On the State's report (affirmed 10.02.2026, pursuant to order dated 13.01.2026), the court recorded that they were operating unauthorizedly in flagrant violation of permit conditions. Adopting the statutory course, the court treated the Regional Transport Authority, 24-Parganas (South) as the competent authority, directed the petitioners to file a fresh application under Section 80(3) of the Motor Vehicles Act within two weeks, and required the authority to decide by reasoned order within six weeks after affording hearing to the petitioners and other interested persons, communicating the decision within a week thereafter. Till such decision the petitioners stood restrained from the self-created route but remained free to ply as per the permit. Petition disposed of without taking any exception to the merits.

10-02-2026 ct no. 10 Sl. 7 RP

WPA 21937 of 2025 Goutam Sarkar & ors.

-Versus-

State of West Bengal & Ors..

Mr. Pintu Karar, Mr. Sabab Uddin Laskar, Ms. Meghna Chowdhury

Mr. Amal Sen Ld. AAG, Mr. Vivekananda Bose, Ld JSC, Mr. Tirthankarn Dey.

Affidavit-in-service filed by the petitioner be kept on record.

The petitioners are the owners of auto rickshaws operating from Behala Police Station to Zinjira Bazar via Parnasree, Rabindranagar as per the route mentioned in the permit. Subsequently, the petitioners diverted the route and commenced to ply unauthorizedly under a self-created route from Behala Police Station to KMC Cultural Math covering a length of 2.5 kilometers which does not form a part of the approved route.

As per the earlier order dated 13.01.2026 Мг. Amal Sen Ld. AAG, learned Counsel appearing for the State files a report affirmed on 10th February, 2026. The same is kept on record.

2

Upon bare perusal of the report, it appears that the petitioners being the vehicle owners have been unauthorizedly operating their vehicles in a selfcreated route which is in flagrant violation of the permit conditions.

The petitioner submits that already representation has been made before the Regional Transport Officer Behala Unit requesting inter alia for issuance of the permit for auto-rickshaw operating on Behala Police Station to Zinjira Bazar via Parnashree, Rabindranagar, extended up to Cultural KMC Math but the same remains pending for consideration.

In this context, Mr. Amal Sen Ld. AAG, and Mr. Vivekananda Bose, Ld JSC appearing for the State submits on the basis of the report that till date no representations have been received and kept on record for consideration.

The State respondent relies upon Paragraph 6 and 9 to demonstrate that the Regional Transport Authority 24-Parganas, South is the competent authority to decide with regard to the application for route diversion in question.

After careful consideration of the case, I direct the writ petitioners to make a fresh application under Section 80 of Sub-section 3 of the Motor Vehicles Act for the diversion of the route in question before the Regional Transport Authority,

3

24-Parganas, South within a period of 2 weeks being the competent authority to decide the same.

After receiving the same the authority concerned shall dispose of the representation by passing a reasoned order within 6 weeks in accordance with law upon affording opportunity of hearing to the petitioners and other interested persons if any, communicate such decision within a week thereafter.

In the mean time the petitioners are restrained from plying in the self-created route till the decision is taken by the authority concerned. The petitioners are at liberty to ply their vehicles as per the route mentioned in the permit.

The writ petition being WPA 21937 of 2025 is disposed of without taking any exception to the merits of the case.

The report in terms of order dated 13.02.2026 be kept on record.

(Smita Das De, J.)