Vikash Kumar Sahu vs State Of West Bengal And Ors
2022 Latest Caselaw 3811 Cal

30.06.2022
 KC(8)

                               M.A.T. 369 of 2022
                               Vikash Kumar Sahu
                                     -versus-
                          State of West Bengal and Ors.
                                       With
                                  CAN 1 of 2022
                                       With
                                  CAN 2 of 2022


             Mr. Sattwik Bhattacharya,
             Mr. Ashutosh Bhattacharya...........For the appellant.

             Mr. Amal Kumar Sen,
             Mr. Jaladhi Das............................For the State.

             Mr. N.I. Khan,
             Mr. Amlan Kumar Mukherjee.........For the respondent

no. 8.

The appellant and the private respondent are

plying buses on inter-state stage-carriage permit. The

states involved are West Bengal and Jharkhand.

At the outset, we say that there is no dispute

regarding delineation of route or the length thereof.

The appellant/petitioner is plying buses from

Purulia, West Bengal to Jharia, Jharkhand via

Chandankiyari 12 Kms. of this route are in West

Bengal, whereas 93 Kms. fall in Jharkhand.

The private respondent is an operator between

Purulia, West Bengal to Barakar, Jharkhand via

Dhanbad. The distance is 136 Kms. out of which 23

Kms. fall in West Bengal and 113 Kms. in Jharkhand.

According to learned counsel for the appellant/

petitioner, the private respondent is to strictly follow the

route from Purulia to Barakar of 136 Kms. via

Chasmore. The complaint is that the private respondent

instead of following his allocated route is trenching

upon the route of the appellant/petitioner from Purulia

to Jharia. The private respondent, according to the

appellant/petitioner, is plying buses between Purulia to

Barakar via Chandankiyari. The distance of this route is

only 105 Km.s.

It is submitted on behalf of the private respondent

that he is entitled to take this route of 105 Km.s.

After hearing learned counsel for the parties, we

are of the opinion that the Principal Secretary,

Transport Department, Government of West Bengal

should determine the exact route to be followed by the

appellant/petitioner and the private respondent in

plying vehicles between Purulia to Barakar via Dhanbad

and between Purulia to Jharia.

After such determination, the principal secretary

will also determine whether the private respondent is

plying vehicles in breach of a sanctioned route or

permit. If it is found that such breach is being

committed by the private respondent, suitable

directions will be made by the principal secretary so

that there is strict adherence to the approved route by

the parties. The principal secretary will take the

decision within three months from date of

communication of this order after hearing all the

interested parties, including the appellant/petitioner

and the private respondent and by a reasoned order.

The impugned judgment and order is modified to

the above extent.

The appeal (M.A.T. 369 of 2022) and the

connected applications (CAN 1 of 2022 and CAN 2 of

2022) are disposed of.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)