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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Nawda Thana Ferry Service Co-operative Society Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAJASEKHAR MANTHA, J.
1. The appellants challenge a judgment and order dated 24th January, 2025 passed by a Single Judge of this Court whereby the Court directed E- Auction as a method for allotment of 13 Ferry Ghats under the Control and Management of Nawda Panchayat Samiti.
THE FACTS OF THE CASE
2. The Writ Petitioner/appellants claim that they are a Society formed by the members of the Patni Community (Boatmen). Their sole source of livelihood is ferrying passengers from one side of the river to the other. They have been engaged in this vocation for generations and would be deprived of such right if the E-Auction of the Ferry ghats is allowed to be conducted.
3. The Petitioners were enjoying control and management of 13 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, under the Nawda Panchayat Samity, for the last 10 years.
4. They were supposed to deposit annual royalties to the Samiti. The amount deposited by the Appellants in the last few years is as
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 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....
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.
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.
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....
If the impugned auction is not interfered with, it would amount to upholding partial auction and permitting perpetuation of illegality, which would be contrary to the Act and the Rules.
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