BASOTEV MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the order dated March 18, 1993, passed by the learned trial Judge dismissing the writ application under Article 226 of the Constitution of India in which only liberty was given to the Appellant -Petitioner to file a suit. The fact of the case relevant for the purposes of this appeal is that Midnapore Zilla Parishad by notice dated March 26, 1992, invited tenders for auction of Srirampur Ferry Service for a period of one year from Baisakh 1, 1399 B.s. corresponding to April 14, 1992, to Chaitra 30, 1399 B.S. corresponding ta April 13, 1993. The said auction was held for grant of settlement of Srirampur Ferry Ghat and that the Appellant/ Petitioner participated in the said tender and on the basis of which an auction was held on April 10, 1992. It also appears that the said notice inviting tenders dated March 26, 1992, was issued pursuant to judgment and order dated April 11, 1992, passed by Paritosh Kumar Mukherjee J. in CO. No. 7777(W) of 1991. The said order passed by Paritosh Kumar Mukherjee J. was affirmed by the Division Bench of this Court on April 7, 1992, passed in F.M.A.T. No. 965 of 1992.

(2.) The Appellant as well as another person participated in the said tender. The Appellant was declared highest bidder by the Midnapore Zilla Parishad authorities and the Appellant's bid was Rs. 1,93,000 while the bid of the other bidder was Rs. 1,92,700. Accordingly, the Appellant was declared as the highest bidder and the Appellant was directed by Midnapore Zilla Parishad to deposit the entire money on the spot on that date, i.e. April 10, 1992, when the auction was held and, accordingly, the Appellant deposited the sum of Rs. 1,93,000 in cash under a money receipt.

(3.) Thereafter, on April 13, 1992, the Appellant was served with a letter dated April 10, 1992, issued by the Secretary, Midnapore Zilla. Parishad, in which the Appellant was informed that the Appellant was appointed as Izaradar of Srirampur Ferry Ghat for a period of one year from Baisakh 1, 1399 B.S. to Chaitra 30, 1399 B.S. corresponding to April 1, 1992 to April 13, 1993, respectively according to English Calendar year. In the said order it was mentioned that the Appellant would be given possession of the said ferry ghat on and from Baisakh 1, 1399 B.s. which corresponds to April 14, 1992. The rate of the toll that was prevailing in the said ferry ghat was revised by the Commissioner of Burdwan Division with effect from Baisakh 1, 1399 B.s. in pursuance of the order dated March 11, 1992, passed by a learned Single Judge of this Court in a writ proceeding and that taking advantage of the said revised rate, some interested persons created disturbances in the said ferry ghat and that apprehending disturbances the Zilla Parishad authorities intimated Sub - division -al Officer, Sabhadhipati, Panchayat Samity, Block Development Officer, Sub -divisional Police Officer and the Police authorities to extend all sorts of help to the Appellant -Petitioner so that the Appellant -Petitioner could collect the revised rate of toll approved by the Government, but nothing were done.