Jamuar, J.

1. This is an application under Article 226 of the Constitution for the issue of an appropriate writ directing the District Magistrate of Patna to lease the tolls of a ferry known as the Patna-Ganges Ferry by public auction, irrespective of the direction of the State Government to the contrary.

2. The Patna-Ganges Ferry has been declared to be a public ferry under the Bengal Ferries Act, 1885 (Bengal Act, 1 of 1885). The tolls of the ferry had been leased to opposite party No. 5 by public auction for a term of two years, namely from 1-4-1951, to 31-3-1953. According to the rules framed in pursuance of the provisions of Sec.15, Bengal Perries Act, the District Magistrate of Patna advertised to the public in the issue of the Bihar Gazette dated 3-9-1952, fixing 22-12-1952, as the date for holding a public auction for the lease of the tolls of the ferry for a period of three years with effect from 1-4-1953. The petitioner intended to bid at this public auction, and he came to Patna for the purpose. Then he found that the District Magistrate had revoked his announcement to lease the tolls of the ferry by public auction in supersession of the advertisement referred to