Ramaswami, J.

1. In this case, petitioner Ramphal Singh has moved this Court for a writ in the nature of mandamus under Article 226 of the Constitution of India commanding the respondents Nos. 3 and 4 to lease the tolls of the Barh-Banarsi-Sultanpore Ferry by public auction and to cancel the private settlement made with the respondents Nos. 5 and 0.

2. The Barh-Banarsi Sultanpore Ferry has been declared by the State Government to be a public ferry under Sec. 6 of the Bengal Ferries Act. The ferry was managed by the Patna District Board till the year, 1944, but on the 15th of January, 1945, the Government Bihar notified that the ferry would be managed by the Barn Municipality in the district of Patna. In the year 1949, the Municipality was superseded under Sec.385 of the Bihar and Orissa Municipal Act. The Municipality was, in consequence, placed under the control and management of the Sub-Divisional Magistrate of Barh who was appointed as the Special Officer of the Municipality. The Special Officer issued a notification that on the 9-1-1953, the tolls of the Barh Benarsi Sulanpore Ferry would be settled by public auction.

3. The date was postponed to the 31st of January, 19