Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 8266 Cal

13.12.2022 Ct. 5 D/L 3 & 5 ab

WPA 25815 of 2022 With WPA 26220 of 2022

West Bengal Bus and Minibus Owners Association & Ors.

-Vs-

The State of West Bengal & Ors.

Mr. Arunava Ghosh, Mr. Anindya Lahiri, Mr. Samrat Dey Paul ... for the petitioners

Mr. Billwadal Bhattacharyya, Ld. DSG, Ms. Debapriya Gupta ... for the Union of India

Mr. Amal Kumar Sen, Mr. Jaladhi Das, Mr. Lal Mohan Basu ... for the State Mr. Alok Kumar Ghosh, Mr. Sibojyoti Chakraborti ... for the KMC

Notwithstanding the issue of maintainability,

which has successfully been raised by learned DSG

appearing for the Union of India, nothing remains in the

writ petitions in view of the Supreme Court order which

has recently been passed on 6th December, 2022 in Civil

Appeal No. 8564 of 2022 (The State of West Bengal Vs.

Subhas Datta & Ors.).

The issue under challenge is a judgment passed

by the National Green Tribunal (NGT) on 26th July,

2022 by which all Non BS-VI vehicles, which are more

than 15 years old, have been phased out. The Supreme

Court by its order dated 6th December, 2022 has stayed

the operation of the judgment of the NGT impugned in

the present proceeding. The order was passed on an

appeal filed by the State against the order of the NGT.

The order of the Supreme Court has been placed

on behalf of learned counsel appearing for the State.

The order reflects that the Supreme Court has issued

notice in the matter which means that the proceedings

are pending before the Supreme Court and all parties

will be heard in the civil appeal.

The contention of learned counsel appearing for

the petitioners that the petitioners are required to be

heard as representing the West Bengal Bus and

Minibus Owners Association is noted. Since the entire

matter is now before the Supreme Court, the petitioners

shall be at liberty of taking appropriate steps to be

heard in the said proceedings.

The other contention that the petitioners have a

right to approach the Writ Court is considered. Since

the Supreme Court is now in seisin of the matter, this

Court is not inclined to entertain the writ petitions and

the only remedy available to the petitioners is to agitate

their grievances before the Supreme Court.

WPA 25815 of 2022 and WPA 26220 of 2022 are

accordingly disposed of in terms of the above.

Needless to say, this Court has not gone into the

merits of the case.

( Moushumi Bhattacharya, J.)