Kanhaiya Singh, J.

1. In this ease, we are concerned with the lease of the tolls of twenty-five ferries. Petitioner Jagat Singh has moved this Court for a writ in the nature of certiorari and mandamus under Article 226 of the Constitution of India quashing the settlement of the tolls of the disputed ferries with Ramphal Singh, opposite party No. 3, and commanding the District Board, Patna, opposite party No. 2, to hold a fresh public auction according to law.

2. The ferries in question have been declared by the State Government to be public ferries under Sec. 6, Bengal Ferries Act, 1885 . By virtue of the powers conferred on it under Sec.35 of the Act, the State Government has vested the management of the disputed ferries in the District Board, Patna, which consequently has all the powers vested in the Magistrate of the District under (Ms Act except the powers specified in Sections 7, 17 and 32. Accordingly, the Chairman of the District Board leases the tolls of these ferries by public auction.

These femes had been settled for one year 1954-55 for Rs. 66,000/-. The Chairman announce ed by notification in the official gazette that the lease of the ferries in question for the