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2023 Supreme(Cal) 321

SHAMPA SARKAR
Rabin Majhi – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Saptangshu Basu, Mritunjoy Chatterjee, Amanul Islam.
For the Respondents: Manali Ali, Amrita Panja Moulick, Sarwar Jahan, Maidul Islam Kayal, Lakshmi Kumar Gupta, S.N. Biswas.

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

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