Meheraj Ali vs State Of West Bengal And Ors
2022 Latest Caselaw 899 Cal/2

OD-2
                                APOT/39/2021
                                     WITH
                                 WPO/44/2021
                               IA No.GA/1/2021

                      IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                ORIGINAL SIDE

                              MEHERAJ ALI
                                  VS.
                     STATE OF WEST BENGAL AND ORS.


BEFORE:
THE HON'BLE JUSTICE SUBRATA TALUKDAR

THE HON'BLE JUSTICE KRISHNA RAO Date: March 16, 2022.

Appearance:

Mr. Sankar Nath Mukherjee, Adv.

Sk. Samim Akhter, Adv.

Ms. Mousumi Das, Adv.

... for the appellant

Mr. Amal Kr. Sen, Adv.

Mr. Lal Mohan Basu, Adv.

... for the State

The Court: Party/parties is/are represented in the order of their

name/names as printed above in the cause title.

The appellant is aggrieved by the order dated 2nd March, 2021 of the

Hon'ble Single Bench. Although this Court finds that the order dated 2nd

March, 2021 does not determine the rights of either of the parties qualifying to

be a judgment within the meaning of Clause15 of the Letters Patent, having

regard to the subsequent facts brought to the notice of this Court, this appeal is

taken up for adjudication.

The short question ventilated by the appellant relates to the

consideration of the application of the appellant by the State Transport

Authority (STA) vide its meeting dated 19th March, 2020.

The appellant, appearing through Mr. Mukherjee, learned counsel

and assisted by Mr. Akhter, learned counsel, submits that although his

application for grant of permit was accepted in principle, such was not granted

till the appellant produced a No-Objection Certificate (NOC) from the Regional

Transport Authority (RTA), Kolkata comprising one of the major portions of the

route alignment of the permit in issue.

Mr. Mukherjee points out on the basis of records of another meeting

of the STA dated 27th September, 2019 at serial 97 thereof, that the

requirement of obtaining a NOC from the Kolkata region was not insisted upon

and the appellant at serial no.97 of the resolution dated 27th September, 2019

was only called upon to submit an acceptable route alignment.

Mr. Mukherjee prays for a similar treatment.

Mr. Sen, learned Additional Government Pleader assisted by Mr. Lal

Mohan Basu, Learned State advocate, submits that the matter may be

reconsidered by the STA provided the route alignment of the appellant does not

infringe or encroach or violate the areas prohibited by Notifications of the

Transport Department of the Government.

In the light of the above discussion, this matter stands remanded to

the STA holding that the STA shall not insist upon the present appellant to

produce a NOC from the RTA, Kolkata Region. The appellant shall, however, be

bound by the provisions of the Notification restricting plying of stage carriages

on routes as applicable to the permit sought by him. It is a matter of record

that the only issue before this Court was the requirement of the NOC by the

STA in terms of the resolution dated 19th March, 2020 and other conditions in

the resolution dated 19th March, 2020 remain untouched by this order.

APOT/39/2021 with IA No. GA/1/2021 accordingly stand

disposed of.

Since no affidavits are called for, all other allegations are denied.

In view of this order, nothing further remains to be decided in the

writ petition, i.e. WPO/44/2021, which also stands disposed of.

All parties are to act on a server copy of this order.

(KRISHNA RAO, J.)                                      (SUBRATA TALUKDAR, J. )




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