Nitai Barik vs State of West Bengal & Ors

Smita Das De, J

The petitioner has been an existing Stage Carriage Permit holder since 2014 in respect of the route from Kolkata to Kiruburu covering a total distance of approximately 550 kms as duly notified in the Orissa Gazette under Permit No. PSTP-10/2014 for operation of a single trip.

Subsequently, the petitioner applied for a double trip for the same route but the same has been rejected by the competent authority.

An Inter State Route from Kolkata to Deograh via Jamtola Karanjia, which overlaps a route Keonjhar as has been duly declared by the competent authority and published under Sl. No. 3 in the Orissa Gazette SRO No. 62/2007 dated 19.01.2007.

Thereafter, the petitioner made an application on 28.08.2015 for grant of a fresh stage carriage permit on the interstate route Kolkata to Deograh via Jamsola, Karangia and Keonjhar being serial no. 3 of the Orissa gazette notification 19.01.2007.

The petitioners application has been rejected by the respondent authorities without assigning any reason for such rejection.

Thereafter, a further application has been made for the self-same route by the petitioner on 12.1.2026 in view of the Notification dated 19.1.2007 S.R.O. No. 62/2007 however, the said application remains pending for consideration.

The State respondent submits that on 13.1.2026 the petitioner made an application for consideration of the application dated 12.1.2026 just one day after making the application.

The petitioner submits that the representation has filed together with the application before the concerned authority.

Having heard the parties upon perusing the records made available, I am of the considered view that since the grant of permit is still pending for a considerable period of time for the route in question, I direct the respondent no. 2 to consider the representation dated 13.1.2026 along with the application dated 12.12.2026 and shall pass a reasoned order in accordance with law upon affording opportunity of hearing to the petitioner and other stake holders, if any and such decision shall be communicated within a week thereafter.

However, it is made clear that if there exists any vacancy in that event, the respondent no.2 shall take a decision in accordance with law for grant of permit considering the entitlement of the petitioner preferably within a period of two weeks from the date of decision taken by the respondent no. 2.

In view of the above, the writ petition stands disposed of without going into the merits of the case.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.