Calcutta High Court (Appellete Side)
Anil Sutra Dhar vs The State Of West Bengal & Ors on 3 February, 2015
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
03.02.2015
S.D.
W.P. No. 30470 (W) of 2014
Anil Sutra Dhar
Versus
The State of West Bengal & Ors.
Mr. Sankar Nath Mukherjee
Mr. Monoj Mondal
...For the Petitioner.
Mr. Ram Chandra Guchhait ...For the State.
This writ application is filed by the petitioner for a direction
upon the respondent No.2 for granting contract carriage permit in his
favour for plying his vehicle (Auto Rickshaw) on the route from Bash Bagan to Beleveta via Pani Sahala, District‐Alipurduar on the basis of his application dated October 7, 2013.
Having heard the learned Counsel appearing for the petitioner as also after considering the facts and circumstances of this case on the basis of the materials on record, I find that the petitioner submitted the above application before the Regional Transport Authority, Jalpaiguri. It further appears from the communication issued by the Secretary, Regional Transport Authority, Jalpaiguri, under Memo No.671(3)/MV dated August 29, 2014 (at page 18 of this writ application), the above 2 application of the petitioner was transferred to the Regional Transport Authority, Alipurduar consequent upon bifurcation of the above district. According to the petitioner, the above application is still pending and the authority refused to accept the security money.
Considering the above facts and circumstance, I find that the above application of the petitioner has not been disposed by the appropriate authority consequent upon the bifurcation of the district concerned.
In view of the above, there is no bar and/or impediment to accept the security money from the petitioner for the purpose of considering his application in accordance with law.
Leave is granted to the petitioner to deposit the security money in connection with the above application within a period of 10 days from the date of communication of this order. In the event the above security money is deposited by the petitioner the respondent No.2 is directed to dispose of the above application of the petitioner by adopting a resolution in the meeting of the respondent No.2 in accordance with law within a period of six weeks from the date of depositing the security money in terms of the above direction. 3
Since no affidavit‐in‐opposition is filed by the respondents, the allegations made in this petition are not treated to have been admitted by them.
I make it clear that I have not entered into the merits of this case and all points are kept open.
This writ application is, thus, disposed of.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )