Subir Dhali vs State Of West Bengal & Ors
2022 Latest Caselaw 314 Cal

04.02.2022
sayandeep
Sl. No. 44
Ct. No. 05
                            WPA 16684 of 2021

                         [Via Video Conference]

                                Subir Dhali
                                 -Versus-
                       State of West Bengal & Ors.

                     Mr. Sanat Kr. Roy
                     Mr. Abhishek Banerjee
                                        ...... for the petitioner
                     Mr. Amal Kr. Sen
                     Mr. Lal mohan Basu

                                                     ..... for the State


                     The petitioner has challenged an order

             dated 8th October, 2020 passed by the Regional

             Transport     Authority,     Hooghly       rejecting    the

             application    of   the    petitioner     for   Permanent

             Contract Carriage Permit for Auto Rickshaw in

             the concerned route on the clauses contained in a

             Notification dated 29th January, 2010 of the

             Transport     Department,      Government        of    West

             Bengal.

                     Although learned counsel appearing for the

             State     respondent      submits       that    the    said

Notification has been upheld by a Judgment of a

learned Single Judge of this Court and which has

not been challenged till date, it is also submitted

that there are certain admitted discrepancies

between the impugned order and the Report filed

in an identical writ petition in WPA 16594 of 2021

by the State respondent in the form of an affidavit

pursuant to a direction of a coordinate Bench.

Counsel submits that due to such

discrepancies, the matter should be remanded to

the concerned Regional Transport Authority for

taking a fresh view of the matter.

WPA 16684 of 2021 is disposed of by

setting aside the impugned order dated 8th

October, 2020 and directing the Regional

Transport Authority of the concerned District to

decide the matter afresh upon hearing relevant

parties including the petitioner. The matter

should be disposed of in terms of the reasoned

order within eight weeks from today. A copy of the

reasoned order should be made available to the

petitioner within a week thereafter.

The writ petition is disposed of accordingly.

(Moushumi Bhattacharya, J.)