Calcutta High Court (Appellete Side)
Rama Prasad Sarkar vs State Of West Bengal & Ors on 19 August, 2014
1
4 19.08. W.P. 24004(W) of 2014
ns 2014
Rama Prasad Sarkar.
Versus
State of West Bengal & ors.
Mr. Rama Prasad Sarkar .... Petitioner (in person).
Mr. Abhratosh Majumdar, ld. G.P.,
Mr. T. M. Siddiqui .... For the State.
Mr. Bhaskar Nandi .... For the respondent nos.3 & 4.
This writ petition is filed by an advocate seeking following reliefs:-
"a) Leave under Rule 26 of the Rules of High Court at Calcutta relating to applications under Article 226 of the Constitution of India;
b) A declaration, declaring the Strike, as called for by the Private and Mini Bus operators in the State of West Bengal due to commence from the 20th of August, 2014 for a period of three days, as unconstitutional;
c) A Writ in the nature of Mandamus do issue directing a High-power committee to be formed consisting of experts in the field, in order to review the existing fares for the Private and Mini Buses and place its recommendation before this Hon'ble Court, within a time that may be fixed by the Hon'ble Court, and upon perusal of the same this Hon'ble Court may be graciously be pleased to pass necessary directions with regard to revision of fares ;
d.) A writ in the nature of Mandamus directing the Respondent authorities to take exemplary punitive action against 2 all Private and Mini Bus operators who would participate in any form of Strike during pendency of the instant application;
e) Rule NISI in terms of prayers (b), (c ) and (d) hereinabove and upon hearing of the causes that may be shown and on the event no cause is shown, Your Lordships may be pleased to make the Rule absolute;"
According to him, the media source report till date shows failure of negotiations held between private and Mini bus operators and the representatives of the Government of West Bengal. Therefore, he seeks the intervention of the High Court as stated above. Again as reported in media, the strike is called off, even otherwise the negotiations whatever held between the Government of West Bengal and the private and Mini bus operators as to find a way and reach some conclusion according to the policy decision of the Government and the same cannot be the subject matter of a public interest litigation.
Accordingly, the writ petition is dismissed without any order as to costs.
Urgent certified copy of this order, if applied for, be given to the parties, on priority basis.
( Manjula Chellur, Chief Justice ) ( Banerjee, J. )