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2026 DAILYLAW 8677 (CAL)

ZAFAR ALAM ANSARI v. STATE OF WEST BENGAL AND ORS.

WPA/3969/2024 · 2026-02-03

Smita Das De

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.02.2026 Ct. No. 10 Sl. No.67 skg W.P.A. 3969 of 2024 Zafar Alam Ansari Vs. The State of West Bengal & Ors. Mr. N.I. Khan, Mr. Amlan Kr. Mukherjee, …for the petitioner Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee, …for the State Mr. Sankar Nath Mukherjee, Mr. Niraj Gupta, Ms. Manisha Paswan, …for the private respondent no.7 Ms. Aishwarya Rajyashree, ….for the respondent no.6 1. The petitioner in the instant case is a stage carriage permit holder in the inter regional route plying his vehicle from Durgapur to Jhargram via Bankura, Tandangra, Simplaal, Raipur, Silda. 2. The respondent no.2, STA, West Bengal granted a stage carriage permit in favour of the private respondent in the Inter State Route from Bishnupur to Tata via Bankura, Chakulia, Ghatsila. 3. The learned Counsel for the petitioner submits that despite their being a route alignment mentioned in the permit, the time table of the vehicle of the private respondent has been erroneously approved by 2 mentioning Bishnupur to Tata by incorporating Bankada and Sabrakon in place of Bankura, such deviation thereby runs contrary to the letter and spirit of the Inter State Reciprocal Agreement executed between the State of West Bengal and Jharkhand. 4. The STA, Jharkhand has countersigned the erroneous deviation of the approved time table which dehors the intention of the legislature as contemplated under Section 72(2))i) of the Motor Vehicles Act, 1988. 5. The petitioner has already made a representation before the authority concerned on 19.12.2023 but the same remains pending for consideration. 6. The learned Counsel appearing for the respondent no.4 STA, West Bengal files a report dated 28.01.2026. The extract of the same is reproduced below: “It appears that the instant petition does not attract Section 72(2)(i) of the Motor Vehicles Act, 1988 as the same expressly pertains to the issuance of stage carriage permits by concerned Regional Transport Authorities. Hence, the ‘Points of law’ as enunciated in the instant petition, appear to be not maintainable and may be confuted. The original route of permit held by the private respondent is from Bishnupur to Tata via Bankura, Chakulia, Ghatshila but the alignment mentioned in the time table as Bishnupur to Tata via Bankadaha, 3 Sabrakone, Taldanga, Simlapal, P.More, Raipur Sobuj Bazar, Fulkusma, Silda, Chakuliya, Dhalbhunigarh, Ghatsila and Galudih shall have to be rectified. Accordingly, the State Transport Authority, West Bengal, shall afford an opportunity of hearing to the private respondent in accordance with Rule 119 of the West Bengal Motor Vehicles Rule, 1989 and if satisfied with the explanation rendered, shall order the rectification of the timetable to adhere to the route alignment as mentioned in the permit and instruct the private respondent to keep the total distance intact and as per the permit with the term “distance” being as defined under Section 11 of the General Clauses Act, 1897.” 7. After careful consideration of the case on the basis of the records available I direct the respondent no. 4 to consider the representation dated 19.12.2023 being annexure P/6 at page 34 of the writ petition within a period of 30 days by passing a reasoned order in accordance with law upon affording opportunity of hearing to the petitioner and other interested person, if any, and communicate such decision within a week thereafter. 8. The writ petition is disposed of in the light of the instruction received from the State respondent dated 4 28.01.2026 without taking any exception to the merit of the case. 9. There shall be no order as to costs. 10. Parties are directed to act on the server copy of this order. (Smita Das De, J.)