Calcutta High Court (Appellete Side)
Pg (Marjia Begum vs The State Of West Bengal & on 24 December, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1 10 24.12.2013
W.P.34958(W) of 2013 pg (Marjia Begum Vs. The State of West Bengal & Ors.) Mr. Prabhat Kr. Chattopadhyay..........for the petitioner Mr. Kalimuddin Mondal Mr. Sudhakar Thakur.......for the State The petitioner prayed for preponing the departure timing at Barakar end of the route Kalyani to Barakar from 12-15 p.m. to 12-00 p.m. The Secretary, Regional Transport Authority, Burdwan (hereafter the 'RTA'), upon receiving the proposal of the petitioner, invited objections from rival operators by his notice dated June 27, 2013 within thirty days thereof. Burdwan District Bus Association (hereafter the 'Association') lodged an objection dated July 11, 2013. A hearing was arranged on September 02, 2013 by the Secretary, RTA. However, no decision appears to have been taken on that date. Feeling aggrieved by the inaction of the Secretary, RTA to take an appropriate decision, the petitioner has approached this Court with the instant writ petition. Mr. Chattopadhyay, learned advocate appearing for the petitioner submits that the Association has no locus standi to object; if indeed individual operators were aggrieved, they could have lodged objection. According to him, the Secretary, RTA by entertaining the objection of the Association has acted illegally.
I am afraid, I cannot accept the contention of Mr. Chattopadhyay. It appears from the letterhead of the 2 Association, on which the objection dated July 11, 2013 was lodged, that it is a registered association. If indeed it is a fact that the Association is a registered association, it has locus standi to raise objection on behalf of all its members. However, if it is an unregistered association, the objection should have been lodged by the individual members themselves and not through their Association. The Secretary, RTA is directed to issue fresh notice of hearing. He shall satisfy himself that the objection is at the instance of a registered association. If the Association is not a registered association, the objection shall fail and the Secretary, RTA shall proceed to prepone the departure timing at Barakar end, as prayed for by the petitioner, since none else other than the Association had raised objection.
If, however, the Association is found to be a registered association, the Secretary shall proceed to consider the objection raised by it and decide the issue of change of departure timing at Barakar end of the route in accordance with law as early as possible, but not later than six weeks from date of receipt of a copy of this order. 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.) 3