Calcutta High Court
Sadananda Das vs State Of West Bengal & Ors on 18 February, 2011
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 130 of 2011
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SADANANDA DAS Plaintiff/Petitioner/Applicant
Versus
STATE OF WEST BENGAL & ORS Defendant/Respondent
For Plaintiff/Petitioner : MR.A.K.BERA,ADVOCATE For Defendant/Respondent : MR.DIPAK DAS, ADVOCATE BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 18th February, 2011.
The Court : In the writ petition, the petitioner has challenged the resolution adopted on 5th October, 2010 by the State Transport Authority, West Bengal, the respondent no.2 with regard to the application dated 17th December, 2008 for the grant of permit on the route from Egra to Dantan on the ground that the said resolution is illegal in view of the judgement in Sanjit Chakraborty vs. State of West Bengal & Ors. reported in AIR 2007 CAL 252 wherein it has been held that the State Transport Authority has the jurisdiction to grant permits even if it comes under the jurisdiction of two Regional Transport Authorities. By the impugned resolution, the State Transport Authority, West Bengal the respondent no.2 had requested the petitioner to apply to the concerned district authority for consideration of his application for issue of permit. In my view, in view of the judgement in Sanjit Chakraborty (supra), the resolution adopted on 5th October, 2010 cannot be sustained and is, thus, set aside and quashed. The respondent no.2 is directed to consider the application of the petitioner dated 17th December, 2008 for grant of permit on the route from Egra to Dantan after taking into consideration the judgement of Sanjit Chakraborty (supra) and shall pass a reasoned order to be communicated to the petitioner within four weeks from the date of communication of this order after giving the petitioner an opportunity of hearing.
No order as to costs.
All parties concerned are to act on a signed copy of the minutes of the operative part of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha AR(C.R.)