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1992 Supreme(Pat) 174

B.P.SINGH, S.K.CHATTOPADHYAYA
Damodar Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: M/s Shiva Kirti Singh and Vinay Kirti Singh.
For the State : Mr. R. N. P. Yadav.
For the Pvt. Respondent No. 4: Mr. pashupati Pd. Sinha.

JUDGMENT

B. P. Singh, J.-The petitioner herein is aggrieved by the order of the Deputy Commissioner, Sahebganj, settling 35 public ferries with the respondent no. 4 Co-operative Society for the year 1991-92. He has challenged the auction on various grounds, including the ground that the Deputy Commissioner acted on the dictate of the Chief Minister, and therefore the exercise of statutory power was on extraneous consideration. He bas challenged this action also on the ground that it is mandatory for the State Government to define the limits of the public ferries under section 6 (d) of the Bengal Ferries Act 1885. Unless the State Government defines the limits of the public ferries, no settlement can be made having regard to the scheme of the Act. He further made a grievance that despite several orders of this Court, as also the order of the Commissioner of the Division, no effort has been made to define the limits of the public ferries which adversely affects the interest of the petitioner. It is his case that apart from the requirement of the Act, in the absence of such definition, persons like the petitioner may be exposed to prosecution under section 16 of the Act which prohibits














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