N.N.TIWARI, J. - (1.) IN this application the petitioner has prayed for quashing the registered Design No. 194824, dated 16.3.2004 (Annexure -5) whereby the design of the respondent No. 2 has been registered in the alleged contravention of the provisions of the Designs Act. It has been stated that the petitioner after much efforts had -developed a design of Tramline Sleepers for use in Underground Rail Tracks of various nining collieries. The said design was renewed by the respondent No. 1 and was valid up to January, 2013. The petitioner had further improved the design and had also applied for registration which was granted vide Annexure -3. The respondent No. 2 maliciously has combined the two earlier designs of the petitioner and got the same registered in the year 2004. The said action of the respondent No. 2 is contrary to law. When the respondent No. 1 had got registered the said design, the petitioner in protest filed a representation before the respondent No. 1 praying for cancellation of the registration of the design made in favour of the respondent No. 2. The said representation is pending since 6.4.2005, but no order has been passed till date. The petitioner has alleged that the same has caused great prejudice to him.
(2.) LEARNED counsel appearing on behalf of the respondent No. 1, on the other hand, submitted that there is no illegality in giving the registration number to the respondent No. 2 and the representation filed by the petitioner is under consideration and a suitable order will be passed in the due course. Considering the submissions of the learned counsel for the parties as well as the facts and circumstances of the case, I direct the respondent No. 1 (Government of India through the Controller of Designs, Kolkata) to consider the petitioners representation and to pass a reasoned order in accordance with law within a period of three months from the date of receipt/production of a copy of this order. The petitioner, if so desires may file a fresh representation before the respondent No. 1 alongwith a copy of this order.
(3.) WITH the said direction/observation, this writ application is disposed of.;