PATIT PABAN MONDAL AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/2660/2025 · 2025-03-17
Rai Chattopadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8874 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8874 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item No. 17 17.3.25
In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side. WPA 2660 of 2025
Patit Paban Mondal & Anr. Vs. The State of West Bengal & Ors. Mr. N.I. Khan Mr. A.K. Mukherjee Mr. Dilip Kumar Mandal .... For the Petitioners. Mr. Pantu Deb Ray Mr. Pannalal Bandopadhyay … For the State Respondent. The writ petitioners are forty three amongst the eighty seven persons, in whose favour offer letters have been decided to be issued by the R.T.A. South 24 Parganas, in its meeting dated November 26, 2018. Their grievance is that out of total eighty seven candidates, forty four have been already issued offer letters but they ie. the rest forty three persons have not yet been issued offer letters in terms of the said decision of RTA, South 24 Parganas. The petitioners further grievance is that at this stage a notice dated June 27, 2024 has been issued by the Secretary, RTA, South 24 Parganas declaring vacancies over thirteen routes including
route for which the present petitioners have been decided to be granted offer letters ie. Birajnagar Ferryghat
to
Rajabazar
via
Adarsha Vidyamandir(H.S), Bally Bazar. There is a point raised against the legality and validity of issuance of such a notice by the Secretary Regional Transport Authority, South 24 Parganas dated June 27, 2024 as submitted by Mr. N.I. Khan, learned counsel appearing for the petitioners that, in case of non- notified route like the above as mentioned, the Secretary, Regional Transport Authority would not have any power under the law to issue such a notice declaring vacancy over there. On behalf of the petitioner, it has been urged that the authorities should immediately issue offer letters to the forty three persons in favour of whom the authority had decided earlier in 2018 by dint of resolution as mentioned above, to grant offer letters for auto rickshaws over the said route. For the State Mr. Pantu Deb Roy, files a report of the Secretary, Regional Transport Authority, South 24 Parganas which is kept on record. He submits in court on the basis of the same, that the offer letters for the rest forty three persons, in favour of whom the authority had earlier decided vide resolution dated November 26, 2018, to 2
issue permit, are now ready for disbursement.
Hence he seeks that necessary direction may be passed so that the said persons ie. petitioners can collect the offer letters in due process. Heard the submissions of both the learned counsels and perused the records, it appears that the decision of the RTA, South 24 Parganas dated November 26, 2018 to grant offer letter of auto rickshaws in the route from Birajnagar Ferryghat to Rajabazar via Adarsha Vidyamandir(H.S), Bally Bazar is yet to be fully complied with, in sofar as the forty three applicants over the said route are yet to be issued the offer letters. It is learnt that the offer letters of those persons are ready for disbursement. Therefore, the court is of the considered opinion that Mr. Khan may advise his clients to collect their respective offer letters upon production of the original money receipts, from the office of the respondent authority within a period from 18th March, 2025 to 30th April, 2025. Needless is to mention that the respondent authority shall allow the authorized representatives of the petitioners, if any, for handing over the offer letters in terms of the directions of the 3
court as above. Let this writ petition be disposed of with the direction as above and also with a further direction upon the Regional Transport Authority, South 24 Parganas to immediately proceed pursuant to its notice dated June 27, 2024, excepting the route under serial no. 12 Birajnagar Ferryghat
to
Rajabazar
via
Adarsha Vidyamandir(H.S), Bally Bazar. There shall not be any embargo to proceed in terms of the notice dated June 27, 2024 as regards the other routes excepting the said Birajnagar Ferryghat to Rajabazar via Adarsha Vidyamandir(H.S), Bally Bazar. With the above directions, the present writ petition is disposed of. Since, no affidavit has been called for, allegations made in the writ petition, shall be deemed to have not been 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.) 4