Ashit Paul vs The State of West Bengal and Others

Hon''ble Mr. Justice Jayanta Kumar Biswas

The petitioner in this WP under art.226 dated August 14, 2012 is questioning a decision of the District Magistrate and Chairman, Regional Transport Authority, Jalpaiguri dated August 4, 2011 (WP p.26). The relevant part of the decision dated August 4, 2011 is quoted below;-

In compliance to the order of the Hon''ble High Court, an opportunity of hearing was given to Mr. Ashit Paul Vs-State of West Bengal, vide W.P. No. 6042(W) of 2011. Considered the prayer of the petitioner and decided to reject the same on the ground that the route prayed for is already over congested, the road condition and traffic movement are not conducive for further load, thus in the interst of the public safety and case of movement, it is decided that further permit cannot be granted at this stage.

By the order dated April 4, 2011 this Court directed the RTA to give the decision. The District Magistrate and Chairman of the RTA could not give the decision on behalf of the RTA. Hence the impugned decision is vitiated by incurable jurisdictional error. It is liable to be set aside. For these reasons, I set aside the impugned decision, allow the WP to this extent and direct the RTA, Jalpaiguri to decide the matter strictly according to the order of this Court dated April 4, 2011, within eight weeks from the date this order is served. No costs. Certified xerox.