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2017 Supreme(Cal) 938

SAMAPTI CHATTERJEE
Nabadwip Jalapath Paribahan Co-Operative Society Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Arabinda Chatterjee, Ld. Sr. Advocate, Pradyut Saha and Arkadipta Sengupta, Advocates.
For the Respondents:Sadhan Kr. Halder, Advocate.

JUDGMENT :

SAMAPTI CHATTERJEE, J.

1. In this case the following issues are to be determined:-

(i) Whether the Ferry Ghat in question is governed by the Rule 281(i) of the West Bengal Land & Land Reforms Manual 1991?

(ii) Whether the Ferry Ghat in question is a Private Ferry Ghat and Rule 281(iii) of Land & Land Reforms Manual 1991 has no manner of application?

(iii) Whether the tender should be called for the Ferry Ghat in question after complying all the formalities or the particular Ferry Ghat is restricted among the cooperative of local boatman in that area?

2. The case of the petition in brief is as follows:-

The petitioner is a Co-operative Society registered under West Bengal Co-Operative Societies Act. The object of the petitioner society is to provide facilities for operating water transport, boats and other country crafts as well as other public conveyances. The petitioner society since its inception in the year 1982 had been successfully operating and managing the affairs of the Nabadwip Ferry Ghat. Furthermore, since 1991 the lease in respect of operation and management of


































































































































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