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2022 Supreme(Cal) 1411

I. P. MUKERJI, BISWAROOP CHOWDHURY
Samaresh Bhattacharya – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Dilip Kumar Samanta, Mr. Biswapriya Samanta.
For the Respondents: Mr. Srijan Nayak, Ms. Rituparna Maitra, Mr. N.I. Khan, Mr. Amlan Kumar Mukherjee.

JUDGMENT :

1. This is an appeal from a judgment and order dated 7th July, 2022 made by a learned single judge in the exercise of his writ jurisdiction.

2. The writ involved consideration of Rules 118 and 119 of the West Bengal Motor Vehicles Rules, 1989.

3. It appears that the appellant had applied for a permit along with the proposed timetable to operate a stage carriage in a particular route. The timetable, as submitted by the appellant, was not accepted by the authority and he was asked to submit a clash free timetable.

4. By the judgment and order dated 7th July, 2022 the writ application was dismissed. The learned judge observed that the permit could not be granted to him on the basis of a provisional or proposed timetable. Thereafter, the learned judge went on to add :

    “However, it is made clear that as and when the petitioner submits a clash-free time-table to the respondent-authorities, the latter shall take necessary steps to issue the permanent permit of the petitioner at the earliest thereafter. Nothing in this order shall prevent the respondent-authorities from doing so.”

5. We do not think that this would solve the problem. On our reading of Rules 118 and 119 we have asc

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