OD-2 ORDER SHEET WPO/336/2025 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DILIP KUMAR GHOSH VS STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE RAI CHATTOPADHYAY Date : 22nd May, 2025 Appearance:

Mr. Sankar Nath Mukherjee, Adv.

Mr. Niraj Gupta, Adv.

…for the petitioner Mr. Amal Kr Sen, AGP Ms. Sahina Sumi, Adv.

..for the State The Court: According to the petitioner, his renewed permit for the inter-State route from Siliguri to Saharsah (Bihar) has not been countersigned by the reciprocating State Transport Authority, Bihar, only unreasonably and illegally. Mr. Mukherjee appearing for the petitioner has referred to a letter issued by the Joint Secretary, State Transport Authority, West Bengal dated 11th March, 2025 and addressed to the Secretary, State Transport Authority, Bihar, requesting the said authority for endorsement of countersignature as to the renewal of the permit of the petitioner being PStP No. 32/2020(I/S).

It is stated that in spite of that and also a representation being made thereafter by the petitioner on 9th April, 2025, the State Transport Authority, Bihar has been sitting tight over the matter thereby jeopardising and prejudicing the rights of the petitioner which have accrued in his favour in terms of the permit granted to him.

In this regard, Mr. Mukherjee has also pointed out to the relevant Clause (viii) of the reciprocal transport agreement between West Bengal and Bihar dated 22nd February, 2016, pursuant to which the countersigning authority is obliged to endorse the countersignature after completion of all formalities within 30 days from the date of payment of tax etc. by the permit-holder. The provision as above has also laid down that in case of any deviation, reasons have to be shown. According to the petitioner, no such reason has ever been shown by the State Transport Authority, Bihar as yet. According to the petitioner, there is a gross violation by the respondent State Transport Authority, Bihar of the reciprocal transport agreement, as well as the statutory provision by not allowing the countersignature to the renewed permit of the petitioner.

None appears for the State Transport Authority, Bihar, in spite of service of notice.

The respondent State Transport Authority, West Bengal, is represented by Mr. Sen.

Hence, considering the facts and circumstances as narrated above, the Court is inclined to dispose of this writ petition by directing the State Transport Authority, Bihar to grant countersignature to the renewed permit of the writ petitioner in consideration of his representation dated 9th April, 2025, positively, within a period of three weeks from the date of communication of a copy of this order, subject to compliance of all the statutory formalities by the writ petitioner.

With the direction as above, WPO/336/2025 is disposed of.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(RAI CHATTOPADHYAY, J.)

sg.