Calcutta High Court (Appellete Side)
Kc Debabrata Sarkar vs The State Of West Bengal & Ors on 21 July, 2011
Author: Aniruddha Bose
Bench: Aniruddha Bose
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33
W.P. No.11222(W) of 2011
21.07.2011
KC Debabrata Sarkar
Vs.
The State of West Bengal & Ors.
Mr. D.K. De,
Mr. D. Mukherjee.
... for the petitioner.
Mr. Sahidul Islam.
...for the State.
Leave is given to the learned Advocate for the
petitioner to implead the Additional District Magistrate(G),
Jalpaiguri as a party-respondent. Mr. S. Islam, learned
Advocate accepts the service of the petition on his behalf. The challenge in this writ petition is an order passed by the Additional District Magistrate(G), Jalpaiguri directing the writ petitioner to stop plying his bus on the route for which he has been granted the permit from Jalpaiguri to Malbazar. The impugned order, as per submission of Mr. De, learned advocate for the petitioner, has been passed without giving opportunity of hearing to the petitioner. His further submission is that the concerned officer has no jurisdiction to issue such an order which in effect amounts 2 to suspension of the permit of the petitioner. I am prima facie satisfied that the impugned order is without jurisdiction. Moreover, the said order has been made in violation of the principles of natural justice. The impugned order dated 20th May, 2011, a copy of which has been made annexure 'P-11' to the writ petition shall remain stayed till 1st August, 20121 or until further order, whichever is earlier. The respondents shall not interfere with the plying of the vehicle of the petitioner in accordance with the permit conditions and the time table already granted to him during his subsistence of this interim order. The matter shall be listed on 27th July, 2011 under the same heading.
As a Special Case let urgent photostat plain copy of the order duly countersigned by the Assistant Registrar (Court) be given to the learned Counsel for the parties on usual undertaking.
(Aniruddha Bose, J.) 3 10 4