Sri Nirmal Diyali vs The State of West Bengal and Others

Hon''ble Mr. Justice Jayanta Kumar Biswas

After hearing Mr. Roy appearing for the petitioner and Mr. Deb Roy appearing for the respondents, and considering the single Judge decision of this Court dated July 31, 2012 in WP No. 1938(W) of 2012 (Mohammed Jawed v. The State of West Bengal & Ors.), I am of the view that it will be appropriate to set aside the impugned order dated November 19, 2011 and direct the State Transport Authority, West Bengal to decide afresh the petitioner''s request for the grant of a permit. The STA has rejected the request on the grounds that the route for which the petitioner wanted permit was not a formulated route.

It is submitted that the STA did not consider the effect of a Division Bench decision the petitioner wanted to rely. It is further submitted that in view of the Division Bench decision, a part of an already formulated route is to be treated as a route entitling one to seek the grant of a permit therefor. For these reasons, I set aside the impugned order, allow the WP to this extent and direct the STA to decide the petitioner''s application for the grant of a permit afresh giving him opportunity of hearing, within six weeks from the date this order is served. No costs. Certified xerox.