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1961 Supreme(Cal) 59

G.K.MITTER
PURNENDU BIKASH MAITY – Appellant
Versus
CHAIRMAN, DISTRICT BOARD, MIDNAPORE – Respondent


Advocates Appeared:
CHAKRAVARTY, D.N.Basu, DWIJENDRA NATH BASU, RADHANATH DAS, S.K.BOSE, S.K.DAS

G. K. MITTER, J.

( 1 ) THIS is an application under Article 226 of the Constitution for the issue of a writ in the nature of mandamus directing the opposite party No. 2, District Magistrate, Midnapore, to register a number of ferry boats maintained and/or to be maintained by the petitioner for running a private ferry from Bamanchak in the district of Midnapore to different places in the district of 24-Parganas, namely, Kakdwip and other places, for a similar writ directing the opposite parties Nos. 2 and 4 to cancel the order dated June 16, 1958 in Ferry miscellaneous case No. 1 of 1958 and for other reliefs.

( 2 ) THE respondents are (i) the Chairman, District Board, Midnapore, (2) the District Magistrate, Midnapore, (3) the District Magisrate, 24-Parganas and (4) the State of West Bengal. The petitioner is a citizen of India claiming to be carrying on the business of a private ferry from Bamanchak to Kakdwip on tidal navigable rivers which flow into the Bay of Bengal. He asserts that his grandfather one Gajendra Nath Matty had been plying a similar business for more than 60 years. It is said that the ferry was discontinued after the cyclone in the year 1942 until it was resumed






















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