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SHAMPA SARKAR
Rabin Majhi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA SARKAR, J.
1. The writ petition has been filed challenging the notice inviting e-Auction No. 01/DOM/EO/FERRY GHAT/2022-2023 dated September 2, 2022, issued by the Executive Officer, Domkal Panchayat Samiti (in short, the Panchayat Samiti). By aforementioned e-auction notice, the Executive Officer of the Panchayat Samiti invited applications from bona fide individuals, firms and companies for the purpose of grant of lease of 19 ferry ghats through online mode of bidding. The terms and condition of the e-suction were provided in the said notice.
2. The grounds for challenge of the said notice were that the Executive Officer (BDO) issued the notice for e-auction, without any authorization from the Artha Sanstha Unnayan-O-Parikalpana Sthayee Samiti (in short, the Artha Samiti). According to the petitioner, the said notice was in contravention to Rules 31 and 84 of the West Bengal (Panchayat Samiti) Administration Rules, 2008 (in short, the Rules of 2008). It was further contended that the Executive Officer proceeded with the e-auction and finalized the same in furthe
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.
The highest bid in a public auction for ferry settlement is final unless explicitly disapproved with justified reasons by the Chief Engineer, whose failure to comply with procedural requirements cons....
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....
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....
Process of settlement resulting into the order of settlement in favour of the respondent no. 6 is found to be vitiated one due to taking into account irrelevant factors in the decision making process....
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