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SHAMPA SARKAR
Joragachi Lohadaha Ferighat Yatri O Nou Paribahan Samabay Samity Limited – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Shampa Sarkar, J. - The Petitioner No.1 is a Co-operative society registered under West Bengal Co-operative Societies Act, 2006. The petitioner no. 2 is the secretary of the petitioner No.1. The members of the Co-operative society are local boatmen or hereditary patnis. The petitioner No.1 was registered as a co-operative society sometime in December 2021. The petitioners have inter-alia, prayed for a direction upon the Amlai Gram Panchayat to settle Lohadaha ferry ghat in their favour in terms of sub-paragraph (iii) of paragraph 281 of the West Bengal Land Reforms Manual, 1991 (hereinafter referred to as the 'said Manual'). Declaration that the petitioner No.1 as the sole Boatman's Co-operative society in Bharatpur - I block, was entitled to the settlement of the ferry ghat without participating in any public auction, had also been prayed for.
2. According to Mr. Majumder, learned senior Advocate, the claim of the petitioner was based on paragraph 281(iii) of the said Manual. Learned Advocate contended that the said manual was a special piece of legislation and should be given a precedence over the provisions of The West Bengal Panchayat Act, 1973 (hereinafter referred to a
The West Bengal Land Reforms Manual, 1991, is a procedural handbook or guide for the land and land reforms department, and does not have an overriding effect over the provisions of the West Bengal Pa....
The Panchayat Samiti has the authority to manage ferry ghats through e-auction, overriding claims based on the Land and Land Reforms Manual, ensuring transparency and preventing monopolistic practice....
E-Auction process for ferry ghats under the West Bengal Panchayat Act is permissible and necessary for fair revenue distribution and prevention of monopolization by hereditary operators.
Point of Law : Special Officer is empowered to conduct auction to the leasehold rights of the shops of the Gram Panchayat in the interest of it’s revenue in exercise of powers vested under Section 14....
The court emphasized the principles of judicial review of administrative action and the need for transparency and maximization of revenue through open auctions for public property.
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