SWARUP KUMAR MANDAL v. THE STATE OF WEST BENGAL AND ORS.
WPA/3342/2025 · 2025-03-12
Rai Chattopadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9952 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9952 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15 1122..0033..22002255
Court No. 25
D.Hira
WPA 3342 of 2025
Swarup Kumar Mandal Vs. The State of West Bengal & Ors. Mr. Sattik Rout. ... for the petitioner
Mr. Pantu Deb Roy, ld. A.G.P., Mr. Subrata Guha Biswas. ...for the State
1. Affidavit-of-service filed in Court today is taken on record. 2. The petitioner seeks cancellation of his permit, to realise the Insurance claim amount of the vehicle, which after meeting with an accident has been turned to be unrepairable any more. 3. The petitioner has submitted an application requesting for cancellation of his permit on June 28, 2024 before the State Transport Authority, West Bengal. 4. The petitioner has also submitted a written representation dated January 14, 2025 before the same authority for immediate processing and taking action in accordance with his earlier representation dated June 28, 2024. 5. The petitioner is aggrieved that none of his applications has yet been considered by the said respondent authority. 6. Mr. Pantu Deb Roy, learned Additional Government Pleader is representing the State and submits that the
2 permit Issuing Authority would be the Competent Authority for cancellation of the said permit, if at all. 7. In that event, Mr. Deb Roy, further says that unless and until an application has made before the permit issuing authority by the petitioner, there shall not be an scope for consideration of the petitioner’s application for cancellation of permit, as prayed for. 8. Heard the learned counsels for the respective parties and perused the documents. It appears that the permit issuing authority may not be the State Transport Authority, West Bengal, before whom, the petitioner has submitted his applications dated June 28, 2024 as well as January14, 2025. 9. It is only the permit issuing authority, who would be eligible under the law for cancellation of the permit of the petitioner, if at all. 10. Therefore, the Court finds it proper to dispose of the present writ petition by directing the petitioner to submit a fresh application for cancellation of permit before the authority itself, which has issued the said permit, with all other relevant details. 11.
Let the said permit issuing authority of the petitioner consider and decide on the said application of the writ petitioner, if so submitted for cancellation of the permit, taking into reckoning the date of first application of the petitioner requesting for cancellation of permit before the State Transport Authority, West Bengal, that is, June 28, 2024, for the purpose of considering the validity of the fitness certificate of the vehicle in the process. 3
12. Let the permit issuing authority of the petitioner consider the prayer of the petitioner, if submitted by him and after granting an opportunity of hearing to the petitioner, by dint of a reasoned order, within a period of four weeks from the date of submission of representation of the petitioner, if any. 13. It is made clear that the respondent State Transport Authority, West Bengal being not the permit issuing authority of the petitioner, would not be obliged to take up and consider the petitioner’s application dated June 28, 2024 and January 14,
2025. 14. Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents. 15. With the above observations and directions, the writ petition being WPA No. 3342 of 2025 is disposed of, along with the pending applications, if any. 16. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Rai Chattopadhyay, J.)