KRISHNA CHANDRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition is at the instance of Krishna Chandra Mondal, claiming to be a hereditary Patni, seeking reliefs by way of issue of Writ of Mandamus to command the Respondents to treat the Petitioner as the highest bidder of the auction for the lease of the Sreerampur Ferry Ghat pursuant to the Circular as mentioned in Annex. 'A' to the writ petition and to settle the same to the Petitioner for the year 1399 B.S. in preference to others and to cancel the settlement in favour of the private Respondent No. 7 for the same year and for other consequential reliefs.

(2.) Grievance of the Petitioner is that the Respondents Nos. 2 to 5 have acted illegally in not treating the writ Petitioner as the highest bidder in view of the Circular of the Board of Revenue, being in Annex. 'A' and the judgment of the Hon'ble Court, being in Annex. 'B', to the writ petition, as hereditary Patni.

(3.) It is contended that the Respondents Nos. 2 to 5 have acted illegally in treating the Respondent No. 7 as the highest bidder in preference to the Petitioner by ignoring the aforesaid Circular and the judgment. It transpires from Annex. 'A' that there is a Circular of the Board of Revenue, Government of West Bengal, dated April 2, 1960 (Annex. 'A' to the writ petition) indicating, inter alia, that in supersession of the orders contained in the Boards' Memo, dated October 17, 1958, it is provided that in the matter of settlement of ferries (other than those declared as 'Public Ferries' under the Bengal Ferries Act, 1885) which have vested in Government under the E.A. Act, there should be an open bid in each case and everybody including the hereditary Patnis should be allowed to bid in each case. If the bid offered by a hereditary Patni is 85 per cent of more of the highest bid, the settlement should be made with the Patni in preference to the highest bidder. Annexure 'B' to the petition relates to the disposal of C.R. No. 4058 of 1965 on March 22, 1966, that the Patnis will have preference in obtaining the settlement of Ferries.