JUDGMENT :

Supratim Bhattacharya, J.

1. The present appeal has been preferred by the Beldanga-II Panchayat Samity, Murshidabad (hereinafter to be referred to as the Panchayat Samity)represented by its Sabhapati and Beauty Begam, the Sabhapati of the said Panchayat Samity.

2. The present appellants were the writ petitioners who had preferred the writ petition.

3. The learned Single Judge, while hearing the writ petition being WPA 21181 of 2025, passed an interim order dated 10.09.2025.

4. Through the impugned order the Hon’ble Single Judge passed the following:

“... 4. In view of such, the Principal Secretary, Panchayat and Rural Development Department and the Principal Secretary, Land and Land Reforms and Refugee Relief and Rehabilitation Department are directed to hold a joint meeting positively within 15 working days from today and the minutes of such meeting shall have to be placed before this Court by the learned Advocate for the respondents/State on the adjourned date that is on November 6, 2025 when the instant matter will be listed under the heading “Adjourned Motion”.

5. In view of such, this Court finds no reason to pass any interim order as prayed for at this stage.”

5. Being aggrieved by and dissatisfied with the aforementioned order, refusing to grant interim relief as sought for in the writ petition, the writ petitioners have preferred the present appeal.

6. Factual Matrix of the lis On 17.07.2025 the District Magistrate and Collector, Murshidabad issued a letter addressing the Executive Officer of the said Panchayat Samity stating the following:

“1. It has come to the notice of the undersigned that Narkelbari Ferry Ghat has been settled in favour of Shakti Chamoch Mill by the Beldanga-II Panchayet Samity.

2. This act of settlement is irregular and constitutes an overreach of jurisdiction. As per Rule 281 of the West Bengal Land & Land Reforms Manual, 1991, it is categorically stated:

"Public ferries and non-public ferries (1) Ferries which have been declared as public ferries under the Bengal Ferries Act, 1885, shall be exclusively under the control of the District Magistrate. subject to the direction of the Commissioner."

It is pertinent to emphasise the statutory use of the word "shall" which denotes a mandatory provision.

3. Moreover, as per Section 110 of the West Bengal Panchayat Act, 1973, the management of any ferry may be entrusted to a Panchayat Samity only if such power is delegated by the State Government, and that too with the approval of the Cabinet. In the absence of such explicit approval, no authority lies with the Panchayat Samity to undertake such settlements.

4. In the absence of explicit Cabinet approval, the said settlement stands in contravention of the prescribed Rules of Business of the State Government.”

A tender was floated on 20.08.2025 by the Additional District Magistrate and District Land & Land Reforms Officer, Murshidabad (for short ADM and DL & LRO) for the Narkelbari ferry with Khutagari Ghat under the Sub-Division Behrampur Sadar within district Murshidabad, seeking submission of bids from the bidders for the said ferry.

This notice issued by the District Magistrate and Collector, Murshidabad is the subject-matter of dispute and has given rise to the lis.

The writ petitioners filed the writ petition seeking the following reliefs:

“- a) An order do issue thereby permitting the petitioners to move this instant writ petition without serving notice upon the respondents dispensing Rule 26 of Writ Rules;

b) A Writ Mandamus, in the nature commanding of the respondents, each one of them, their servants, agents and/or assigns to rescind, cancel and/or withdraw and / or set aside the restrain order dated 17.07.2025, issued by the District Magistrate & Collector, Murshidabad in respect of Narkelbari Ferry Ghat in the District of Murshidabad, forthwith;

c) A Writ in the nature of Mandamus, commanding the respondents, each one of them, their servants, agents and/or assigns to rescind, cancel and/or withdraw and