19.03.2025. PB Sl. No.19. Ct. No.25. WPA 4542 of 2025 South 24 Pgs Auto Drivers and Operators Union Vs. The State of West Bengal & Ors. Mr. Bidhayak Lahiri, Mr. Bibhu Adhikary, Ms. Bhaswati Lahiri. … For the Petitioner. Mr. Amal Kumar Sen, Mr. Lal Mohan Basu. … for the State. The petitioner is the Secretary of the union of auto drivers, members of which operate on Route No.5, that is “Akra Fatak to Santoshpur Station”. The petitioner is aggrieved that due to unauthorized and illegal plying of battery operated e- rickshaws on the said route, the condition of route is jeopardized thereby hampering smooth operation of the vehicles of the auto drivers, plying in terms of their permit conditions. To redress their grievance, the petitioner has written to the respondent authority vide its representation dated November 16, 2024. However, the same is yet to receive any attention of the said respondent authority. Learned advocate for the petitioner while ventilating the grievance of the petitioner, during his 2 submissions, has also relied on an order of this Court in a Public Interest Litigation that is WPA(P) 572 of 2023, being order dated August 1, 2024. He submits that the Court in the same has been pleased to direct that auto rickshaws, trekkers, magic vehicles plying without permit, to be immediately seized and action should be taken against those illegal vehicles in accordance with the provisions of the Motor Vehicles Act and the rules framed thereunder. Learned advocate for the petitioner has submitted that similar direction may be passed in the present case. He has pointed out to the previous incident of man-handling by the illegal operators on the route, of the members of the present petitioner, by referring to a complaint lodged before the concerned police authority dated July 17, 2024. Mr. Sen, learned advocate has represented by the State respondent. Having heard the learned counsels and perusing the documents, the Court finds it proper that the respondent no.4 be directed to immediately consider the allegations of the present petitioner, by dint of its representation dated November 16, 2024, after granting opportunity of hearing to the petitioner as well as the police authorities and other persons as it may think fit and proper. Let the respondent no.4 after considering the submissions of all the stake holders in the present 3 case, take an appropriate decision and requisite steps to ensure smooth functioning of the permit holders/petitioner on the route as stated above. The said respondent shall be at liberty to issue guidelines, if necessary, to facilitate smooth functioning of the vehicles and for convenience of the commuters of the said route. Let the respondent no.4 complete the entire exercise as above, within a period of eight weeks from the date of communication of copy of this order. With the direction as above, the writ petition is disposed of. Since no affidavit has been called for, allegations made in the writ petition, shall be deemed to have not admitted by the respondents. Urgent certified photocopy of this order, if applied for, shall be supplied to the parties, on compliance of all necessary formalities. (Rai Chattopadhyay, J.)