The main legal point established in the judgment is the distinction between Public and Private Ferry Ghats and the authority of the Zilla Parishad in managing the Ferry Ghat.

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 the affairs of the Nabadwip Ferry Ghat has been granted exclusively in favour of the petitioner society without any interruption or any break whatsoever.

At present management and control of Ferries have been placed and transferred to the concerned Zilla Parishad in terms of Section 155 of Panchayat

Act, 1973 and Rule 266 of the West Bengal land & Land Reforms Manual 1991 (hereinafter referred to as the said Manual). It is also the case of the petitioner society that by floating the Notice Inviting Tender (second call) bearing No. 470(33) N.G.P. dated 18th February, 2015 and its corrigendum bearing No. 547(33) N.G.P. dated 24th February, 2015 issued by the respondent No. 5 herein, an attempt was made on behalf of the Nabadwip Zilla Parishad to settle the management of the Nabadwip Ferry Ghat by way of auction.

Since the said Act is violative of the relevant statutory provisions of settlement of Ferry Ghat and without jurisdiction, therefore, it was assailed by the petitioner society before the Hon'ble High Court thereby filling a writ petition being W.P. No. 6178 of 2015 (Nabadwip Jalapath Paribahan Co-Operative Society Limited vs. The State of West Bengal & Ors.). That writ petition was dismissed as infructuous vide order dated 31.08.2017 by this Hon'ble Court since subsequent advertisement was issued by the concerned Zilla Parishad for auction of the said Nabadwip Ferry Ghat by Notice Inviting Tender bearing No. 2186 (34) N.G.P. dated 22nd August, 2016.

Challenging the same again the petition Co-Operative Society filed the present writ petition. This Court again granted an interim order in favour of the petitioner Co-Operative Society thereby restraining the concerned Zilla Parishad not to deal with that Ferry Ghat till disposal of the present writ petition.

Submissions of the Learned Advocates

3. Mr. Arabinda Chatterjee, Ld. Senior Advocate appearing for the petitioner Co-Operative Society vehemently argued that the Zilla Parishad again issued Notice Inviting Tender on 22nd August, 2016 without mentioning any details thereof so as to grant the lease for management of the said Nabadwip Ferry Ghat to their favourite persons.

4. Mr. Chatterjee also strongly submitted that the entire process of notice inviting tender is merely an eye wash exercise just to grant the said tender to the favourite persons of the Zilla Parishad thereby practicing nepotism, favouritism and unfairness.

5. Mr. Chatterjee further contended that instead of floating the tender notice the respondent authority should have settled the said Ferry Ghat in favour of the petitioner society in compliance of the provisions contemplated in the said manual.

6. Mr. Chatterjee further strongly contended that the Zilla Parishad has no authority to invite tender from the public without settling the sam