Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 11219 (CAL)

RAHUL CHANDA v. STATE OF WEST BENGAL AND ORS.

WPA/3921/2025 · 2025-02-19

Subhendu Samanta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.2. 2025 item No.8 n.b. ct. no.24 WPA 3921 of 2025 Rahul Chandra Vs. State of West Bengal & Ors. Mr. Debabrata Saha Roy, Mr. Neil Basu, …… for the petitioner. Mr. Pantu Deb Roy, Mr. Subrata Guha Biswas, …. For the State. Petitioner is a Permanent Stage Carriage Bus Permit holder in respect of Route 71 from Howrah Maidan to Salt Lake, bearing P. ST. P. No. 029/71/New/2005. It is admitted fact that the petitioner has challenged an order of resolution of RTA board dated October 10, 2023, wherein petitioner was directed to vacate the position 24 of Route 71 and the RTA board decided to issued offer letter in favour of one Sova Singh. The petitioner approached this Court in a writ petition no. WPA 28142 of 2023 challenging the said order of the RTA Board. The said writ petition is yet to be disposed of, argument was concluded and made CAV. It is the case of the present petitioner that the vehicle bearing registration no. WB 04E 3525 cannot allow to ply on rout after February 21, 2025(after expiry of 15 years). At this juncture, if the petitioner was not giving necessary permission to replace the vehicle being no. WB 04E 3525 by a higher model pollution norms vehicle, the entire route permit of the petitioner would be jeopardized. He submits that till the disposal of the writ petition, the concerned authority may be directed to pass an order of replacement. Mr. Pantu Deb Roy, learned counsel appearing on behalf of the State authority raised strong objection and submits that the writ petitioner is yet to be disposed, so no order can be passed. Having heard, learned counsel for the parties and after considering the submission of the petitioner, it appears to me that the petitioner was plying vehicle over the route no.71. During the pendency of the writ petition being WPA 28142 of 2023, he was allowed to continue with rout permit. Today, the writ petitioner has approached this Court on the ground that the vehicle cannot be allowed to ply on route after February 21, 2025. Through he was protected by during the pendency of the writ petition, but due to end of fitness period, his rout permit would ended automatically. Considering the same, it appears to me that till disposal of the writ petition being WPA 28142 of 2023, the petitioner deserves a favourable order, so that he may ply the vehicle. However, the interim order passed by this Court shall abide by the final order in WPA No.28142 of 2023. 2 Under the above observation, the respondent authority is directed to pass an order of replacement in terms of the prayer “G” of the writ petition. The order shall be in force till the disposal of the writ petition being WPA 28142 of 2023. Under the above observation, the writ petition is disposed of. Since no affidavits have been exchanged, the allegation had in the writ petition shall be deemed to have been not admitted. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Subhendu Samanta, J.) 3