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 further violation of the provisions of Rule 91(5) of the West Bengal Panchayat (Zilla Parisahd and Panchayat Samiti) Accounts and Finance Rules, 2003 (in short, the Finance Rules of 2003).

3. The writ petitioner was the existing operator in respect of five ferry ghats under the control and management of the Panchayat Samiti. Initially, this Court did not pass any interim order and directed the successful bidder to be added as a respondent and directed exchange of affidavits. The petitioner and the Panchayat Samiti preferred appeals. The Hon’ble Division Bench, upon prima facie, finding that there were violations of the rules by the Executive Officer, made an ad hoc interim arrangement for operation of the 19 ferry ghats through the existing operators, till the matter was finally decided by the Single Bench. The auction process was stayed. The Panchayat Samiti was directed to calculate a reasonable amount that the operators should deposit in order to carry on operation of the ferry ghats. Further direction was that the money deposited by the respondent No. 8 as the successful bidder, should be invested in a short term fixed deposit in the name of the Sabhapati of the Samiti, with a scheduled bank offering the highest rate of interest.

4. Upon exchange of affidavits, the writ petition came up for hearing before this Court. This Court had already directed the respondents to file their individual affidavits which included the Executive Officer, the District Magistrate, Murshidabad and the Sabhapati of the Domkal Panchayat Samiti. The Panchayat Samiti filed two affidavits, inter-alia, supporting the contention of the writ petitioner and denying the claim of the Executive Officer that the e-auction was initiated and completed on the basis of a decision of the Artha Samiti adopted in a meeting dated July 18, 2022. According to the Mr. Jahan, learned Advocate for the Panchayat Samiti, an offline auction notice was published on June 21, 2022 for settlement of 19 ferry ghats. Only one application was received and the process was dropped. Subsequently, on July 4, 2022, another offline auction notice had been floated. Due to unavailability of suitable bidders, the process was again dropped. Under such a situation, a meeting of the Artha Samiti was held on July 18, 2022. In the said meeting, it was, inter alia, decided that settlement of the 19 ferry ghats should be completed by September, 2022. Till then, the existing operators were to be given an extension. According to the Panchayat Samiti, the Executive Officer was present at the meeting. The said officer had proposed that the higher authorities be informed about the steps that had been taken on and from April 15, 2022 in respect of settlement of the 19 ferry ghats. The Executive Officer suggested that if any directi