Citation : 2026 Latest Caselaw 645 Cal/2
Judgement Date : 6 February, 2026
OD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTI0N
ORIGINAL SIDE
WPO/22/2026
SUVANKAR BARIK
VS
STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE SMITA DAS DE
Date : 6th February, 2026.
Appearance:
Mr. Saktipada Jana, Adv.
....for the petitioner
Mr. Pantu Deb Roy, A.G.P.
Mr. Pannalal Bandopadhyay, Adv.
Mr. Subrata Guha Biswas, Adv.
....for the State
The Court : The petitioner is an intending operator who made two
applications for grant of permit against the vacancy notice declared in respect
of Inter-State Route Cooch Bihar to Ranchi on 26.08.2025.
However, the vacancy notice being Annexure P-2 at page 34 of the
petition mentions that applications against the vacancies shall only be
accepted from the 7th day after the date of notification of these vacancies or
from the date of uploading on the Department Website, whichever is later.
The petitioner made two applications for the grant of permit on 28 th
August, 2025, after two days from the date of publication of the vacancy
notice but the same were rejected by the authority concerned on 25.11.2025.
The decision of the STA is at page 37 of the petition, which is enumerated
below :
2
"Two applications were received within debarred period for the Inter
State Route as stated above. Members of the STA Board Considered
and rejected the applications as mentioned in serial No. 1 and 2."
Thereafter, two further applications were made by the petitioner on
25th November, 2025 after the date of expiry as mentioned in the vacancy
notice.
The petitioner submits that in the light of the vacancy notice, the
two applications filed by the petitioner are not barred by limitation.
Mr. Pantu Deb Roy, learned Additional Government pleader, fairly
submits that the route in question pertains to Inter-State Route guided by
Reciprocal Transport Agreement. There are only two vacancies but the
learned Counsel is unable to apprise the Court with regard to the filling up of
the said vacancies.
After careful consideration of the case on the basis of the available
records, I direct the respondent authorities to consider the two applications
of the petitioner dated 25.11.2025, subject to the status of the filling up of
the vacancies against the Notice dated 26.8.2025 and shall pass a reasoned
order in accordance with law within a period of six weeks upon giving hearing
to the petitioner or its representative and other interested parties, if any, and
communicate such decision to the petitioner accordingly.
The writ petition is disposed of without going into the merits of the
case.
(SMITA DAS DE, J.)
gb.
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