Calcutta High Court (Appellete Side)
Kc vs The State Of West Bengal & Ors on 12 June, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
237 W.P. No. 8867(W) of 2019
ML
12.06.2019
Jodhpur Park Cycle Rickshaw Owners' Welfare Association & ors.
KC Vs.
The State of West Bengal & Ors.
Ms. Sayanti Sengupta
Mr. Kalyan Sengupta
Mr. Jamiruddin Khan.
... for the petitioner.
Mr. Alok Kumar Ghosh
Mr. Arijit Dey.
... for the KMC.
Mr. Amal Kumar Sen
Ms. Ashima Das (Sil).
... for the respondent nos. 1 to 6.
The petitioners complain of police overaction. Learned advocate for the petitioner submits that, there are two fold prayers. One of the prayer is with regard to the application for renewal of licences under the Hackney Carriage Act. According to her, the licenses have not been renewed till date. The authorities have not taken a decision thereof. At least, the decision of the authorities have not been communicated to the petitioners. The other prayer is with regard to the police overaction. According to the petitioners, the police are inflicting physical torture upon the rickshaw pullers. The police are also inflicting damages on the rickshaws.
The State and the Corporation are represented. Learned advocate for the State on the basis of written 2 instruction submits that, no licence have been granted since 2012. The complaint of police overaction was inquired into and that no adverse event was found.
In the facts of the present case, it would be appropriate to permit the parties to file affidavits.
Let affidavit-in-opposition be filed within four weeks from date; reply thereto, if any, be filed two weeks thereafter. The writ petition will be treated as 'ready for hearing' immediately on completion of the time period prescribed for filing affidavits. Liberty to the parties to mention for early hearing.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)