Calcutta High Court (Appellete Side)
Sri Samiran Das & Anr vs State Of West Bengal & Ors on 27 March, 2015
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
27.03.2015
srm
W.P. No. 6410 (W) of 2015
Sri Samiran Das & Anr.
Versus
State of West Bengal & Ors.
Mr. Rameswar Bhattacharya,
Mr. Arun Kanti Bera
...For the Petitioners.
Mr. Arabinda Chatterjee,
Mr. Bhaskar Nandi
...For the State.
The prayer of the petitioners to restrict his submission for granting
relief in terms of prayer (b) of this writ application. Further prayer is made
granting a leave to proceed afresh in accordance with law by initiating
separate proceeding in respect of communication issued by the respondent
No.5 under Memo No.6/MV dated January 29, 2015 was granted in this writ application by an order dated March 17, 2015.
In course of hearing of this matter, a true copy of an order passed by the respondent No.4 under his Memo No.2780/MV dated December 22, 2014 is handed over by Mr. Arabinda Chatterjee, learned Senior Advocate appearing on behalf of the respondents, to Mr. Rameswar Bhattacharya, learned Advocate appearing for the petitioners. Let a true copy of the above communication be kept on record. The above decision relates to replacement 2 of the vehicle attached to the original Part A and Part B of permanent stage carriage permit P.St.P. No.93 of 97‐98, renumbered as 28/Pub‐Medi/02‐03.
It is submitted by Mr. Bhattacharya, on instruction from his clients, that the above communication has not been issued upon the petitioners. However, on further instruction from his clients, it is submitted by Mr. Bhattacharya that the conditions mentioned in the above communication for replacement of the vehicle under reference have already been complied with.
It is submitted by Mr. Chatterjee, learned Senior Advocate appearing on behalf of the State‐respondents, that there is no bar and/or impediment to allow the prayer of the petitioners for replacement of the vehicle attached to their permanent stage carriage permit P.St.P. No.93 of 97‐98, renumbered as 28/Pub‐Medi/02‐03 subject to compliance of the aforesaid conditions mentioned in the communication dated December 22, 2014.
Considering the aforesaid submissions made by the learned Advocates appearing for the respective parties in this matter, I direct the respondent No.4 to handover the above permanent stage carriage permit to the petitioners subject to replacement of the existing vehicle attached to the above permit within a period of two weeks upon fulfilment of the aforesaid conditions mentioned in communication dated December 22, 2014, if those conditions have not already been fulfilled.
3
It is made clear that in the event any of the conditions mentioned hereinabove is yet to be fulfilled by the petitioners, the respondent No.4 shall inform the petitioners of the above fact within the period prescribed hereinabove.
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. )