BIBEKANANDA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 25th April, 2002 a quotation was offered for ferry service at Uttarasan Bridge, 16 kilometer of Ramnagar-Bazarshaw Chowrigachha Khagra Ghat Road, under Maurakshi Bridge Highway Division, of Murshidabad Highway Division II was hung up in the office of the Block Development Officer, Beldanga II. Petitioner's offer was accepted. By an office order dated 22nd May, 2002 work order was issued by the Executive Engineer, Murshidabad Highway Division II on behalf of the Governor of State of West Bengal for running the ferry service in the aforesaid area. The condition under the work order is that offer will remain valid for two years or till the completion of the proposed bridge work from the issue of the letter. Such work order was duly communicated to the Sabhadhipati of the Murshidabad Zilla Parishad, Superintending Engineer, State Highway Circle No. III, Public Works(Roads) Department, District Magistrate, Murshidabad, Purta Bibhag, Karmadhyaksha, Superintendent of Police, Murshidabad, R.T.C. Behrampore, Murshidabad, Sabhapati Beldanga II and Assistant Engineer, Maurakshi Bridge Highway Division.

(2.) On 27th May, 2002 the terms and conditions were executed by or between the petitioner, Murshidabad Zilla Parishad and concerned Executive Engineer. Two clauses of such terms and conditions are very important in nature for coming to an appropriate conclusion. Clause No. 6 says that the agreement can be cancelled by a notice of 7 days without assigning any reason. Clause No. 7 says the agreement is valid for 24 months and till the completion of construction of the bridge work lie under the work order dated 22nd May, 2002. According to the petitioner, the rate which has been quoted by him for the ferry service is lower than the rates quoted by the others. On 7th July, 2002 an agreement was executed in between Sri Ashok Kumar Jain and the petitioner to hire a vehicle for such ferry service. Such terms and conditions are applicable in between two private persons and any dispute or difference will be resolved through an appointment of Arbitrator.

(3.) The contesting respondents are staff of West Bengal, concerned District Magistrate, concerned Superintendent of Police, concerned Executive Engineer of Highway Division II, Public Works (Roads) Department, concerned Block Development Officer, Beldanga II, concerned Officer-in-Charge in the local police station, concerned Sabhadhipati of the Murshidabad Zilla Parishad, concerned Karmadhyaksha of such Zilla Parishad, concerned Sabhapati of the Beldanga (II) Block Panchayat Samity and the Pradhan of the Kamnagar Gram Panchayat. Excepting last two persons being respondent Nos. 9 and 10 respectively no one filed any affidavit in connection with the grievance of the writ petitioner.