CALCUTTA HIGH COURT
SAROJ KUMAR MANDAL – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
WPA 21506 / 2025
16.12.2025 Item No. 08 Crt.No.10 b.r. WPA 21506 of 2025 Saroj Kumar Mandal -vs-
The State of West Bengal & Ors.
Mr. Sattwik Bhattacharyya, Mr. Aashutosh Bhattacharyya, Mr. Aritra Roy Ms. Reshma Sharma Mr. Rohit Basak …. For the petitioner.
Mr. Amal Kumar Sen, Ld. AAG Mr. Arindam Chattopadhyay Mr. Samik Dey …. For the State.
Ms. Aishwarya Rajyashree … for the Resp. no.5.
Mr. Debabrata Saha Roy Mr. Neil Basu Mr. Sankha Biswas Mr. Avidipta Paul Ms. Oindrilla Sarkar …. For the Resp. no.6
1. Parties are represented through their respective learned counsels.
2. The petitioner in the instant case is the stage carriage permit holder bearing P.St.P. No. WB 2022-SC-0271A covered by a vehicle No. WB55A 7283 on the Inter State Route Bankura to Tata via Jhilimili, Ghatshila (B-55).
3. The impugned minutes of the virtual meeting held in compliance of the solemn order passed by the Co-ordinate Bench of this Court on 16.05.2025 in connection with the writ petition No. WPA 22882 of 2025 along with the decision of the Secretary Transport Authority (STA), West Bengal dated 23.03.2025, are subject matter of challenge in the instant writ petition.
4. Apropo, the facts of the case is that the permit was granted to the petitioner from Bankura to Tata via Khatra, Jhilimili, Bandwan, Ghatshila having a route length of 146 km. The timetable was Subsequently approved by the STA, Jharkahnd on 14.07.2023 from Bankura to Tata via Khatra, Jhilimili, Ghatshila and Bandwan. The timetable of the said alignment was provisionally approved for two months thereafter extended time to time by allowing the vehicle to ply till 01.09.2027.
5. Main grievance of the petitioner is with regard to the route alignment against which an objection was raised for plying his vehicle by touching Bandwan in Purulia. As per the Reciprocal Transport Agreement 2004 (hereinafter referred to as the said agreement) entered in between the two States i.e. State of West Bengal and Jharkhand, the route mentioned is from Bankura to Tata via Khatra, Jhilimili and Ghatshila for which the issuing authority had already granted the permit to the permit holder. The dispute emanates from the issue of inclusion of the stoppages in the petitioner’s timetable as approved by the State Transport Authority, West Bengal. The stoppage ‘Bandwan’ in the timetable per se, was never considered as intermediate stoppage, forming to be a part of the alignment in question.
6. A rival operator raised an objection against the petitioner’s vehicle for not plying the vehicle according to the approved route alignment as mentioned in the said agreement.
7. Thereafter the objection was considered directing inter alia, on 05.02.2024 the petitioner to follow the approved route alignment strictly as per the said agreement without touching Bandwan (Purulia) and to produce original Part- A and B for making necessary changes in respect of the regions covered in the permit.
8. The petitioner neither produced the original Part-A and B for correction nor revised the timetable by deleting Bandwan (Purulia) on the contrary raised an objection in writing before the authority concerned.
9. Due to non-compliance of the order dated
05.02.2024 a show-cause notice was accordingly issued against the petitioner. Thereafter, the petitioner challenged the order dated 05.02.2024 along with the show-cause notice before this Court.
10. A Co-ordinate Bench of this Court by an order dated 22.05.2024 was pleased to set aside the show-cause notice as well as the order dated 05.02.2024 directing, inter alia, the State Transport Authority, West Bengal to consider and dispose of the representation dated 29.02.2024 as submitted by the petitioner within a month from the date of communication of the order in accordance with law. In the event, state Transport Authority, West Bengal contemplates to modify/alter the Reciprocal Agreement, the authority shall comply with the directions made by the Division Bench of this Court on 05.04.2024 in APO 133 of 2023.
11. Subsequent
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