Calcutta High Court (Appellete Side)
Partha Pratim Biswas vs The State Of West Bengal & Ors on 13 November, 2014
Author: Aniruddha Bose
Bench: Aniruddha Bose
1
92 13.11.14. W.P. 26934 (W)_of 2014
ab
Partha Pratim Biswas
Vs
The State of West Bengal & Ors.
Mr. N. I. Khan
Mr. Amlan Kumar Mukherjee
... For the Petitioner.
Mr. Pantu Deb Roy
Mr. Subrata Guha Biswas
... For the State Respondent.
The application of the writ petitioner for a Contract Carriage Permit for operating in the route between Krishnaganj and Hanskhali has been rejected by the Regional Transport Authority Board, Nadia in their decision taken on 27th June, 2012 on the following ground:-
"Heard the applicant. After taken into consideration the road condition, conjestion of road traffic and safety and security of the passengers travelling in such 3-wheeled Auto-
Rickshaw within the ambit and scope of the Motor Vehicles Act and rules framed thereunder, his application is not granted. (See notification no. 268-WT/3M-01/2010 Pt. dated 29.01.2010)".
In this case, in my opinion the petitioner may be given a further hearing on the basis of the same application. Before such hearing is granted, let the Superintendent of Police, Nadia 2 give a report to the District Magistrate stating the traffic position on the available routes between Krishnaganj and Hanskhali. This report may be given within a period of four weeks from the date of communication of this order. Thereafter a fresh hearing shall be given to the petitioner. The decision of 27th June, 2012 shall be kept in abeyance by the concerned authorities. In course of such hearing the report of the Superintendent of Police, Nadia shall be made available to the petitioner so that he can suggest a fresh route and also propose the alignment so as to avoid the restrictive conditions of the notification dated 29th January, 2010. In the event such modified route is acceptable to the concerned authority, then the petitioner shall be given opportunity to file a fresh application for the modified route and such application shall be considered and examined immediately thereafter. This exercise by the Regional Transport Authority shall be concluded within a period of eight weeks from the date the report of the Superintendent of Police, Nadia becomes available.
The writ petition stands disposed of in the above terms. There shall, however be, no order as to costs. Urgent photostat certified copy of this order, if applied for, shall be supplied to the learned Counsel for the parties as expeditiously as possible, in compliance of usual formalities. 3 (Aniruddha Bose, J.)