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 practices.

JUDGMENT :

Shampa Sarkar, J.

1. WPA 12782 of 2013 has been filed by a society registered under the Cooperative Societies Act (hereinafter referred to as the said society). It was claimed that the society comprised of boatmen and all the members belonged to the “Patni Community” (boatmen community). That unemployed local youths belonging to the Patni/Majhi community, who were residing within the Nawda police station, formed the society. All the members hailed from poor scheduled caste families. It was the only society formed by hereditary patnis, within the Nawda block.

2. The subject matter of challenge was the notice issued by the Executive Officer, Nawda Panchayat Samiti (hereinafter referred to as the Samiti) dated April 24, 2013. The said notice was the outcome of a resolution of the Artha Sanstha O Parikalpana Sthayee Samiti of the Nawda Panchayat Samiti (hereinafter referred to as the Sthayee Samiti). The Samiti had invited bids to settle 13 ferry ghats under its control, by an auction.

3. The society contended that those 13 ferry ghats should be settled in its favour, on the basis of the notification No.3490-LR/IF 20/01 dated November 26, 2002, issued by the Government of West Bengal, Land and Land Reforms Department. By the said notification Clause (iii) of Rule 281 of West Bengal Land and Land Reforms Manual (hereinafter referred to as the said Manual) was amended. The provision stated that, if there was only one functional primary fishermen’s cooperative society in the locality, settlement of ferry ghats should be made with that local functional society on the basis of economic rent determined by the collector on the basis of the 25% of the average of the net income of preceding three years and tenders were not required to be invited. According to the writ petitioner, the ferry ghats, namely, (i) Kanainagar Patikbari (ii) Shibnagar Tiakata (iii) Amtala Fazil Nagar, (iv) Banchadanga Lalnagar, (v) Narayanpur, (vi) Goghata, (vii) Kanchantala, (viii) Tungi, (ix) Dhopapara, (x) Bally Kamra, (xi) Bally Bandha, (xii) Balia, and (xiii) Maniknagar, which were under the control and management of the Samiti, had been settled in favour of the said society for the past few years, in terms of the above notification. Such practice continued till April 14, 2013. The letters issued by the Executive Officer of the Samiti, asking the petitioner to deposit the lease rent fixed by the Samiti, were proof of such fact. It was further contended that by a letter dated May 14, 2012, the Executive Officer of the Samiti informed the petitioner that the Samiti had taken a decision to settle the ferry ghats as per the rate fixed by the Samiti and the petitioner was asked to deposit the lease rent in the office of the Samiti. The lease in respect of the ferry ghats expired on and from April 15, 2013. The petitioner requested the Sabhapati and Executive Officer of the Samiti to renew the lease and settle the ferry ghats for the year 1420 B.S. The petitioner was assured that the settlement would be in terms of the Land and Land Reforms Manual, 1991 (hereinafter referred to as the said Maunal).

4. It was urged that by letter dated March 25, 2008, the society requested the Block Development Officer, Nawda Block, not to act upon the notice inviting auction dated March 17, 2008, for settlement of the ferry ghats for the year 2008-2009. The request was honoured. The said society asserted that from the resolution dated February 27, 2009, it would be evident that the samiti agreed that in terms of Rule 281 of the Manual, the society would be entitled to settlement of ferry ghats, being the only boatman’s cooperative society in the block. According to Mr. Bikash Ranjan Bhattacharya, learned Senior Advocate appearing for the said society, the settlement had been renewed every year upto April, 2013. All of a sudden, a resolution was adopted on April 19, 2013 by the Sthayee Samiti and the decision to offer the ferry ghats by open auction was taken.

5. On April 19, 2