01.05.2025 Court No. 25 S.G. (p.a)

WPA 29736 of 2024 Sri Aloke Tewari Vs.

The State of West Bengal & Ors.

Mr. Bhaskar Nandi … for the Petitioner.

Mr. Amal Kumar Sen, ld. AGP Ms. Ashima Das (Sil)

…for the State Mr. Sakti Pada Jana … for the private respondent

1. The writ petitioner is the permit holder/operator on the inter-regional route from Garbeta to Haldia. A clash free time table as allowed to the writ petitioner by the respondent Authority is being followed by him, to ply his vehicle over the said route.

2. The respondent’s permit is from Hijli Sharif to Bankura Ganga Nagar and back. The petitioner has alleged that the respondent has been allowed a time table which is in reverse direction that is, it starts from Bankura Ganga Nagar and terminates at Hijli Sharif and back. According to the petitioner, the same is in violation of the statutory provision and also the permit conditions where the route alignment has been specified. Hence, such timetable to the reverse direction of the route alignment as permitted to the said respondent, is not maintainable being de-hors the law. In this regard, the writ petitioner had raised his objection vide letter dated May 13, 2024. His objection was considered and decided upon by the Secretary, Regional Transport Authority, Purba Medinipore, vide an order dated July 18, 2024. The writ petitioner is aggrieved and dissatisfied therewith and has filed the instant writ petition. He has sought for relief interalia that the impugned order dated July 18, 2024 of the Secretary, Regional Transport Authority, Purba Medinipore, be set aside; that a fresh time table be issued to the respondent No.8 in due obedience with the statutory provision as well as the Conditions of permit granted to her.

3. The respondent/Secretary, RTA, Purba Medinipore, in his order dated July 18, 2024 has found as follows:

“The departure time of both the vehicles at Ghatal Point is 9.00 am.

Regarding the running time of the vehicles the petitioner cannot submit any reference that all the vehicles of different routes having the same alignment are plying with the same running time in the alignment Ghatal to Mecheda Railway station.

Regarding the night halt of a vehicle, in question, undersigned expresses his observation that in case of all the permits issued by the Regional Transport Authority, Purba Medinipur, only a single route is mentioned in the permits for plying of the vehicles for either of the two directions of a route between any two points as they are same and identical in terms of route alignment. And in that case any of the vehicles in a route may have night halt at either of the two terminating points. It is also noted that being the authority of major portion of the route alignment, in both direction Regional Authority, Purba Medinipur, is the only permit issuing authority between the points.

In the case of issuance of the time table issued in respect of the vehicle bearing Registration Number WB29B0964, the time table is the part of the no objection issued by the Regional Transport Authority, Bankura, vide Memo Number 1228(7)/M.V., dated 05/08/2022. And the vehicle is plying following the same timetable from the very first day.

On considering the above facts and observations, the undersigned takes decision that provisional time table will be issued to vehicle number WB29B0964 covered by permit number WB2023-SC-0200A with minor change in the existing time table for the purpose of observation to avoid the same time of departure at Ghatal point and for the purpose of observation. Undersigned orders to observe the revised time table till further order.”

4. Mr. Nandi, appearing for the writ petitioner has , however , submitted that the time table granted to the respondent No.8, showing start of the vehicle from a point, which is actually the terminating point of the respondent No.8 as per the permit conditions, therefore is in the reverse direction over the route alignment, as per her permit. According to him, a timetable cann