Calcutta High Court (Appellete Side)
Smt. Suparna Naskar vs The State Of West Bengal on 15 June, 2011
Author: Aniruddha Bose
Bench: Aniruddha Bose
1 18 W.P. No.9107(W) of 2011 15.06.2011 kc.
Smt. Suparna Naskar
-Vs.-
The State of West Bengal Mr. B. K. Samanta ... for the petitioner.
Mr. Sadhan Halder.
... for the State.
The writ petitioner intends to apply for a stage carriage permit in the route between Ahiritola and Beliaghata Pump/Patharghata. This is a notified route and the Regional Transport Authority has designated this route as number 211/ 211/A. A prescribed ceiling on the number of permits which may be issued in respect of this route operates at present.
The grievance of the petitioner is that the authorities are not accepting her application in spite of there being vacancies in this route. In the event there is any vacancy in the route, I am of the view that the petitioner ought to be permitted to compete with other applicants for a permit in such vacancy. Let the application of the writ 2 petitioner, if accompanied with prescribed fees, be accepted by the Transport Authority, if otherwise the application is in order. In the event there is no vacancy in the route, the application of the petitioner shall be rejected. In the event, however, there are vacancies, then the application of the petitioner shall be considered in accordance with law.
If the application is filed within seven days from the date certified copy of this order becomes available, then the same shall be examined within a period of eight weeks from the date of filing of the application. This time limit, however, shall not operate if the writ petitioner does not file the application within the prescribed period of seven days as indicated above.
The writ petition stands disposed of in the above terms.
Since this writ petition is being disposed of without calling for any affidavit, the allegations made in the writ petition shall be deemed to have not been admitted.
There shall, however, be no order as to costs. Urgent photostat certified copy of this order be given to the parties expeditiously, if applied for. 3 (Aniruddha Bose, J.)