RABIN MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(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 the 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.