Calcutta High Court
Shyamal Mukherjee vs M/S. Agradoot Transport Service & Ors on 16 March, 2010
Author: Mohit S. Shah
Bench: Mohit S. Shah
APOT No. 101 of 2010
G.A.526 of 2010
W.P.1017 of 2009
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
SHYAMAL MUKHERJEE Appellant
Versus
M/S. AGRADOOT TRANSPORT SERVICE & ORS. Respondents
For Appellant : Mr.Rabindra Nath Das, Sr.Advocate with Mr. D.P.Dutta and Mr. Souvik Sen, Advocates For Respondents 1 & 2 : Mr. D.Saha Roy with Mr. Upen Roy and Mr. Indranath Mitra, Advocates For State-Respondent : Mr. Mihir Kundu, Advocate BEFORE:
The Hon'ble CHIEF JUSTICE MOHIT S. SHAH AND The Hon'ble JUSTICE PINAKI CHANDRA GHOSE Date : 16th March, 2010.
THE COURT : Instead of hearing the stay application, we have taken up the appeal itself for hearing by treating it as on the day's list. 2 APOT 101 of 2010 G.A.526 of 2010 W.P.No.1017 of 2009 This appeal is directed against the judgment and order dated 22nd September, 2009 disposing of the writ petition of the respondent Nos. 1 and 2 herein by directing the Secretary, State Transsport Authority to consider and take a decision on the petitioner's representation dated 24th July, 2009 strictly in accordance with law and to dispose of the same by passing a reasoned order within a period of four weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner and all other persons who may be interested/affected in the matter pertaining to endorsing the prayer for alignment of the route Tulin to Kolkata Bandstand against the vehicles mentioned therein.
When it was indicated to the learned counsel for the appellant that the learned single Judge has not decided any controversy by the impugned order, in that, the State Transport Authority is merely directed to decide the petitioner's representation, learned counsel has invited our attention to the decision in Union of India vs. M.K.Sarkar reported in (2010) 2 SCC 59, particularly paragraphs 14 to 16 and also to another judgment of the Apex Court in Dalip Singh vs. State of U.P.& Ors. Reported in (2010) 2 SCC 114. Learned counsel 3 APOT 101 of 2010 G.A.526 of 2010 W.P.No.1017 of 2009 submitted that sometimes by directing the authorities to decide a belated representation, the petitioner might contend that the delay has been condoned by the Court. Similarly, the petitioner may abuse the process of the Court.
On the other hand, learned counsel for the writ petitioner- respondents has submitted that the learned single Judge has not decided any controversy between the parties, that the appellant has no right to challenge any order in the proceedings taken out by the writ petitioners and also that the appellant has filed a writ petition challenging the decision dated 21st January, 2010 of the State Transport Authority rendered after the decision of the learned single Judge.
Having heard the learned counsel for the parties, we are of the view that since the learned single Judge has not decided any controversy between the parties, the direction given by the learned single Judge to decide the pending representation of the writ petitioners cannot be faulted with. Whatever decision the State Transport Authority has taken at the meeting held on 21st January, 2010 can be challenged before the appropriate forum in the appropriate proceedingss. When the appellant has already filed a 4 APOT 101 of 2010 G.A.526 of 2010 W.P.No.1017 of 2009 substantive writ petition challenging the said decision, which is still pending before the learned single Judge, we say no more except that the impugned order dated 22nd September, 2009 shall not be treated as having expressed any opinion on the merits of the controversy which has already been raised in the writ application challenging the decision dated 22nd January, 2010 of the State Transport Authority.
With the above observations, the appeal is disposed of. Photostat certified copy of this order be made available to the parties upon compliance of usual formalities.
( MOHIT S. SHAH, C.J.) ( PINAKI CHANDRA GHOSE, J.) Rsg.
Asst.Registrar(CR)