Bikash Sardar Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Bikash Sardar Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by directing respondent no. 3 to (i) consider the representation dated 28.1.2026 within 60 days, (ii) pass a reasoned order in accordance with law after hearing the petitioner and erstwhile owner Daudali Mondal, (iii) communicate the decision within a week thereafter, and (iv) effect the transfer of ownership of vehicle WB-19D-7357 and complete statutory formalities despite the registration portal remaining non-functional; disposal expressly without taking exception to the merits.

Issue for consideration

Whether the respondent authorities are required to consider the petitioner's representation dated 28.1.2026 concerning the non-transfer of registered ownership of vehicle WB-19D-7357 plying on Route No. 141 (Sonarpur to Garia via Kamalgazi). +1 more

Court's answer

Respondent no. 3 is directed to consider the representation dated 28.1.2026 within a period of 60 days.

Ratio / Principle

The authority shall pass a reasoned order in accordance with law after affording an opportunity of hearing to the petitioner and Mr. Daudali Mondal, the erstwhile owner of the vehicle.

Key takeaways

The decision taken on the representation shall be communicated within a week thereafter.ratio¶¶14
Even if the vehicle registration remains non-functional, respondent no. 3 shall take the necessary steps to effect the transfer of ownership and ensure all other statutory formalities are complied with in accordance with law.ratio¶¶15

Detailed headnote1 paragraphs

Calcutta High Court (Smita Das De, J.), W.P.A. 3930 of 2026 (decided 7.4.2026): Petitioner sought consideration of his 28.1.2026 representation regarding non-transfer of registered ownership of vehicle WB-19D-7357 (Route No. 141, Sonarpur-Garia), bought on 3.8.2013 from Daudali Mondal, the change being blocked by a non-functional portal. The State raised no objection. The court directed respondent no. 3 to decide the representation within 60 days by a reasoned order after hearing the petitioner and the erstwhile owner, communicating the decision within a week, and to effect the ownership transfer and statutory formalities even if the portal stays non-functional. Petition disposed of without examining merits.

15 7.4.2026 Court No. 10 AGM

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side

W.P.A. 3930 of 2026

Bikash Sardar

-versus

State of West Bengal & Ors.

Mr. Santanu Talukdar. Mr. Priyankar Ganguly. Ms. Shalini Bairagi. Ms. Pipasa Chakraborty. …For the petitioner.

Mr. Pantu Deb Roy. Ld. A.G.P. Mr. Subrata Guha Biswas. … For the State.

The petitioner in the instant case challenges inter alia, the inaction on the part of the respondent authorities in not considering the representation dated 28.1.2026.

The main grievance of the petitioner is with regard to the non-transfer of ownership in respect of the vehicle bearing Registration no. WB-19D-7357 plying on Route No. 141 (Sonarpur to Garia via Kamalgazi).

The petitioner submits that the vehicle has been purchased on 3.8.2013 from one Daudali Mondal but, to date the registered name of the vehicle has not been changed as the portal has remained non-functional due to certain unknown difficulties.

2

The State respondent does not raise any objection to the consideration of the representation dated 28.1.2026.

After careful consideration and upon perusal of the available records, I direct the respondent no. 3 to consider the representation dated 28.1.2026 within a period of 60 days. The authority shall pass a reasoned order in accordance with law, upon affording an opportunity of hearing to the petitioner and Mr. Daudali Mondal, the erstwhile owner of the vehicle and communicate such decision within a week thereafter.

However, it is made clear that, even if the vehicle registration remains non-functional, the respondent no. 3 shall take the necessary steps to effect the transfer of ownership and ensure that all other statutory formalities are complied with in accordance with law.

The writ petition stands disposed of accordingly without taking any exception to the merits of the case.

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

( Smita Das De, J.)