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2022 Supreme(Cal) 150

SHAMPA SARKAR
Azizur Rahaman – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gazi Faruque Hossain, Mr. Debasish Kundum, Ms. Priyanka Mondal
For the Respondent: Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata, Mr. Sufi Kamal

ORDER :

1. This writ petition has been filed for a direction upon the respondent nos.7 and 8 to cancel and/or quash the notice dated April 6, 2022 with regard to handing over the possession of the ferryghat to the Pradhan of the Mahanandatola Gram Panchayat, upon expiry of the lease of the petitioner.

2. The petitioner was the operator of Kosi Passengers Ferry Ghat. Lease period of the petitioner had been ended on March 31, 2022.

3. The petitioner submits that until the ferry ghat is settled by way of an open tender, the petitioner must be allowed to operate.

4. This Court does not find that the rules with regard to settlement of the ferry ghat and the circulars issued in this behalf permits continuation after expiry of the lease. It may so happen that under emergent situation a stop-gap arrangement is made by the authority. However, this Court sitting in judicial review under Article 226 of the Constitution of India, cannot direct the authorities to allow the petitioner to operate until the open tender is finalised.

5. This Court also does not find from the records that the authorities have decided to settle the ferry ghat by way of open tender/public auction.

6. The petitioner also sub

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