(Labanya Shee vs The State Of W. B. & Ors.) on 11 June, 2013

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Calcutta High Court (Appellete Side)

(Labanya Shee vs The State Of W. B. & Ors.) on 11 June, 2013

Bench: Dipankar Datta

                                               1




                                     W.P. 5433(W) of 2013
06. 11.06.13
      P.G.
               (Labanya Shee Vs. The State of W. B. & Ors.)



               Mr. Arun Kanti Bera
               Ms. Gitashree Mistry ....for the Petitioner

               Mr. Pantu Deb Roy
               Mr. Suprobhat Bhattacharyya.....for the State


                       The petitioner applied for a permanent stage carriage

               permit before the State Transport Authority (hereafter the STA),

               West Bengal covering the route Solepatta to Calcutta via Egra,

               Contai, Bajkul, NH-41, NH-6, Howrah Railway Station.

                   The application was considered by the STA on 21st

               April,2004 in compliance with an order of this Court and a

               decision was taken to grant permit in her favour from Solepatta

               to Howrah New Bus Terminus.

                       The route on which the permit was proposed by the

               petitioner, was modified by the STA having regard to certain

               decisions of this Court referred to in such resolution. The

               petitioner had moved an application for contempt against the

               respondents and it was only after disposal thereof, that this writ

petition has been presented before the Court on 21st February, 2013.

Mr. Bera, learned advocate for the petitioner submits on instructions that she is willing to have the route proposed by her further modified so as to obviate the problems that were visualised by the STA while taking the impugned decision dated 21st April, 2004 and makes a prayer for a direction on the STA to consider whether permit could be granted in her favour 2 covering Solepatta to Salt Lake with terminus at Karunamoyee bus stand.

The proposal of the petitioner appears to be fair and reasonable and accordingly while disposing of this writ petition, I grant liberty to the petitioner to make a prayer before the STA in this behalf in continuation of her application for permit and if such prayer is received by the STA, it shall proceed to consider and dispose of the same in accordance with law as early as possible but not later than six weeks from the date of receipt of such prayer.

Needless to observe, the petitioner shall be offered opportunity of hearing before disposal of her prayer.

There shall be no order as to costs.

Urgent photostat certified copy, if applied for, be supplied to the parties expeditiously.

(DIPANKAR DATTA,J.)

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