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SHAMPA SARKAR
Nawda Thana Ferry Service Cooperative Society Limited – Appellant
Versus
State of West Bengal – Respondent
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 B
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....
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....
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 court upheld the cancellation of the tender process while rejecting extensions to existing lessees, emphasizing the need for adherence to statutory provisions governing Panchayat settlements.
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....
Acceptance of a lesser bid may be permissible but in case of settlement of a market under the aegis of the Anchalik Panchayat and/or Zilla Parishad, the same is ordinarily required to be settled in f....
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 court upheld the validity of a mandatory deposit condition for auction money under the Punjab Panchayati Raj Act, affirming its compliance with relevant statutory provisions.
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