Rabindra Nath Sadhukhan vs State Of West Bengal & Ors on 23 June, 2009

[Cites 0, Cited by 1]

Calcutta High Court

Rabindra Nath Sadhukhan vs State Of West Bengal & Ors on 23 June, 2009

Bench: Maharaj Sinha

                            WP No. 1303 of 2008

                       IN THE HIGH COURT AT CALCUTTA

                                ORIGINAL SIDE


                         RABINDRA NATH SADHUKHAN.
                                   VERSUS
                        STATE OF WEST BENGAL & ORS.




      BEFORE:

      The Hon'ble JUSTICE MAHARAJ SINHA

      Date : 23 June 2009.


For the petitioner :
Mr. P. Deb Roy,advocate
Mrs. A. Kumar,advocate



       The Court :- By an order dated 22 June 2009, I have set

aside the notification dated 28 March 2009,namely annexure P-4 to

the writ petition appearing at page 38 thereof. The said order

setting aside the notification was made on writ petition no. 1639

of 2008. Mr. Deb Roy,learned Counsel appearing on behalf of the

present writ petitioner,        submits that in view of setting aside of

the   above     notification,   the   petitioner   is   entitled   to   obtain

relief and on that basis the respondent should be directed to

consider the application of the petitioner for grant of Permanent Stage Carriage permit which application was made to the authority 2 concerned, namely the State Transport Authority way back on 31 March 2008. In view of the order setting aside the above notification, the petitioner, as correctly submitted by Mr. Deb Roy, is entitled to obtain Permanent Stage Carriage permit as applied for on the route(s) in question.

Since the notification has been set aside, as a natural consequence, the order of rejection of the petitioner's application for grant of Permanent Stage Carriage permit on the basis of the Resolution dated 29 April 2008 is also set aside.

The State Transport Authority is thus directed to issue the offer letter within three weeks from the date of communication of this order and once the conditions of the offer letter are complied with by the petitioner, the State Transport Authority, needless to mention, will issue necessary Permanent Stage Carriage permit immediately upon such compliance of the offer letter, namely within a week from the date of compliance of such conditions.

This writ petition, in spite of earlier direction, has not been contested by the respondents concerned by their affidavit/s- in-opposition and none appears on behalf of the Transport Authority or the respondents today either.

The writ petition is disposed of.

There will be no order as to costs.

All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.

(MAHARAJ SINHA, J.) skc

Unlock Advanced Research with PRISMAI

Calcutta High Court