Manisha Agarwal & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 4241 Cal

13.08.2021.

Item no. 49.

Court No.13 ap W.P.A. No. 9462 of 2021 (Through Video Conference)

Manisha Agarwal & Ors.

Versus The State of West Bengal & Ors.

Mr. Shaunak Ghosh, Mr. Rajib Mullick, Mr. Rakesh Sarkar.

...For the petitioners.

Mr. Srijan Nayak, Ms. Rituparna Moitra.

...For the State.

The petitioners are engaged in the business of

tour and travels and they have about 299 vehicles in

operation.

It is submitted that road tax and fitness

certificates of the vehicles could not be renewed in

view of the COVID-19 Pandemic.

The petitioners claim that they have done

absolutely no business during the COVID-19

Pandemic and their vehicles were all lying idle.

Counsel for the petitioners relies upon a

judgment of the Hon'ble Supreme Court in this regard

that are annexed to the writ petition. While the said

judgment did not specifically refer to any waiver of

penalty or road tax, there is also some endeavour on

the part of the Hon'ble Supreme Court to prevail upon

the State authorities to consider the Pandemic while

imposing penalties.

The petitioners are ready and willing to pay

applicable fees for renewal of the documents of validity

of their vehicles.

Counsel for the petitioners prays for reduction

and/or waiver of penalty for delay in making

application of such renewal of their businesses and

fitness certificates.

In that view of the matter, the concerned

Regional Transport Officer, before whom the vehicles of

the petitioners are registered, shall upon receipt of a

comprehensive application decide on the waiver of

penalty and penal charges for the purpose of renewing

the documents relating to the petitioners' vehicles in

accordance with law and in accordance with any

Circular or Guidelines of the State Government in this

regard.

The petitioners shall make such application

within a period of one month from date. The concerned

Regional Transport Officer may take suitable decision

within a period of two months thereof.

With the aforesaid directions, the instant writ

petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy

of this order on usual undertakings.

(Rajasekhar Mantha, J.)