Calcutta High Court
Arup Kumar Ghosh vs The State Of West Bengal & Ors on 24 December, 2024
OD-2
ORDER SHEET
WPO/1223/2024
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ARUP KUMAR GHOSH
VS
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE RAI CHATTOPADHYAY
Date : 24th December, 2024.
Appearance:
Mr. Sankar Nath Mukherjee, Adv.
Sk. Shamim Akther, Adv.
Ms. Manisha Paswan, Adv.
...for the petitioners
Mr. Amal Kr. Sen, A.G.P.
Ms. Selina Sumi, Adv.
...for the State
The Court: The petitioner's grievance is that in the impugned order
dated November 18, 2024, the Secretary, Transport Department,
Government of West Bengal has only reiterated its earlier order rejecting
prayer of the petitioner for curtailment of the permitted route, which has
already been set aside by this Court in the writ petition being
WPO/781/2024, thereby, not considering it afresh.
Mr. Sen is representing the State.
Mr. Sen has submitted that in delivering the impugned order dated
November 18, 2024, the said respondent has not done anything which is
contrary to the provisions of law. He would submit that the Secretary has
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not stopped by only directing rejection of petitioner’s prayer, but has
permitted the petitioner to apply afresh for permit on the proposed curtailed
route. He would refer to the judgment of the Hon’ble Supreme Court
reported in (2016) 8 SCC 402 G.T. Venkataswamy Reddy vs. State Transport
Authority & Ors. to submit that the Court has earlier held that grant of
variation would be as good as grant of a new permit. He would further say
that the issue involved in this writ petition is as to whether the respondent
authority has traversed its authority by doing something which may be
contrary to law, has not earlier been dealt with or decided by this Court in
the earlier writ petition. He would further submit that in respect of the
statutory provision, particularly, Section 80(3) of the Motor Vehicles Act,
1988, the respondent authority would be eligible to submit a fresh
application for grant of permit afresh, to the petitioner, as regards the
proposed modified/ curtailed route.
Let Mr. Sen come up with a report incorporating therein the
contentions of the State respondent with relation to the petitioner’s
grievance as ventilated in the present case. A copy thereof be served to Mr.
Mukherjee beforehand, so that an exception can also be taken out, if any.
Let such report be filed within a fortnight after reopening of the Court
and exception thereto be filed within one week thereafter.
Let this matter come up in the list on 28th January, 2025.
(RAI CHATTOPADHYAY, J.)
sg.