Calcutta High Court (Appellete Side)
(Pankaj Kumar Dutta vs State Of West Bengal & on 7 August, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
07 07.08.2013
pg
W.P.21466(W) of 2013
(Pankaj Kumar Dutta vs. State of West Bengal &
Ors.)
Ms. Usha Maity
Ms. Anita Khatri .........for the petitioner
Mr. Subrata Mukherjee.....for the respondents
Hearing of the writ petition was adjourned on the last occasion (31.07.2013) to enable Mr. Mukherjee, learned advocate for the respondents to obtain instructions as to whether prior to rejecting the application for permit of the petitioner, the Regional Transport Authority, Paschim Medinipur (hereafter the R.T.A.) had afforded him hearing or not.
Instructions furnished to Mr. Mukherjee by the Secretary, R.T.A. is silent on the point. I have no other option but to proceed on the premise that the petitioner was not granted any hearing. Rejection of an application for permit without granting hearing is in the teeth of Section 80 of the Motor Vehicles Act, 1988. The impugned resolution stands set aside. The petitioner's application for permit shall be reconsidered by the R.T.A. in accordance with law as early as possible but not later than eight weeks from date of receipt of a copy of this order.
In course of hearing the petitioner, he shall be told why notification no. 268-WT-3M-01/2010 Pt.I dated 29th 2 January, 2010 stands in the way of grant of permit in his favour.
If the petitioner wishes to propose a modified route, he shall be at liberty to do so and the R.T.A. shall proceed to consider whether permit could be granted in his favour upon change of alignment of the route.
The writ petition stands disposed of.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)