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Calcutta High Court · body

2026 DAILYLAW 12031 (CAL)

SANKAR AUTO KIT v. STATE OF WEST BENGAL AND ORS.

WPA/24126/2025 · 2026-02-10

Smita Das De

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.02.2026 Item No. 08 Crt.No.10 b.r. WPA 24126 of 2025 Sankar Auto Kit -vs- The State of West Bengal & Ors. Mr. S.R. Kundu Mr. Sudhir Kumar Das Ms. Rajyasri Mukhopadhyay ….. for the petitioner. Mr. Pantu Deb Roy, Ld. AGP Mr. Pannalal Bandyopadhyay …. For the State. 1. Parties are represented through their respective learned counsels. 2. Affidavit of service filed in Court today, is taken on record. 3. Leave is granted to the petitioner to amend the cause title in course of today by adding the proprietress of the petitioner to the array of the proceeding. 4. The petitioner no.1 is a licensed LPG retrofitting centre, duly authorized to retrofit petrol vehicle with LPG kits. The petitioner has been granted the license on 03.09.2014 for LPG retrofitting as per law and the same has been extendedtill02.09.2027. 5. Main grievance of the petitioner is with regard to the unauthorized illegal LPG retrofitting 2 workshops of unlicensed mechanics and operators functioning in violation of the Motor Vehicles Act, 1988. 6. It is submitted that several representations have been made before the authority concerned for taking cognizance against the miscreants who are illegally retro filling the vehicles prejudicing the rights and interest of the petitioner to run its business in a seamless manner. 7. Learned State-respondents files an instruction of the department that necessary steps have already been taken against the miscreants by realizing Rs.90,000/- in respect of 13 vehicles. Enforcement activities still remains to be under process and the same shall be concluded subject to the identification of the unauthorized operators. 8. After careful consideration of the case and on the basis of the records I find that effective steps has already been taken by the authorities against the illegal trade practices of the unauthorized operators. 9. For a proper, effective, meaningful investigation I direct the petitioner to make a comprehensive representation before the respondent no.5 by disclosing the names of all the illegal, unauthorized operators within a period of four 3 weeks from date which shall be considered by the respondent no.5 with the assistance of the Motor Vehicle Inspector(Enforcement) within a period of eight weeks upon receipt of the representation and shall pass a reasoned order in accordance with law upon affording opportunity of hearing to the petitioner and other stake holders, if any and communicate such decision within a week thereafter. 10. 10. With the above observations and directions, this writ petition, WPA 24126 of 2025 stands disposed of, without any order as to costs. 11. However, it is made clear that if the allegations of the petitioners are found to be true and correct in that event the respondent no.5 with the assistants of Motor Vehicle Inspector (Enforcement) shall forthwith take cognizance against the unauthorized operators in accordance with law and shall be at liberty to formulate stringent measures against such miscreants. 12. In the meantime the petitioner being an authorized dealer shall be allowed to function in the manner as permitted under the provision of law. (Smita Das De, J.)