GOPAL SINGH Vs. HOOGHLY ZLLLA PARISAD

JUDGEMENT

(1.) THERE is an Act known as the Bengal Ferries Act, 1885. Under section 7 of the Act "the control of all public ferries shall be vested in the Magistrate of the district, subject to the direction of the Commissioner". Section 8 of the Act vests the immediate superintendence of every public ferry in the District Magistrate or in such other officer as the Governor may from time to time either by name or by official designation appoint. Section 9 of the Act deals with leasing out of the ferry tolls and is couched in the following language:-"the tolls of any public ferry may, from time to time, be leased by public auction for such term as the Magistrate of the district in which such ferry is situated may, with the approval of the Commissioner direct. The Magistrate of the district or the officer authorized by him to conduct such auction may, for sufficient reason to be recorded; in writing, refuse to accept the offer of the highest bidder, and may accept any other bid, or may withdraw the tolls from auction.

(2.) THE lessee of the tolls of every ferry which have been leased under this section shall execute a contract setting forth the conditions on which the tolls of such ferry are to be held, and shall give security for its due fulfilment. " section 35 of the Act provides that it shall be lawful for the State Government to order that any public ferry situated in any District in which a District Board has been established shall be managed by such District Board. By the said section such District Boards are invested with all the powers vested in the Magistrate for leasing out ferries. The District Board of Hooghly, which used to manage public ferries in the district, has now been succeeded by a Zilla Parishad, established under the West Bengal Zilla Parisad Act, 1963. Under section 111 of the latter Act, all Zilla Parishad become entitled to all rights acquired, all debts obligations incurred, all matters and things engaged to be done, before the establishment of Zilla Parishad, by the District Boards. Thus the leasing out of the ferry in the district of Hooghly is now the function of the Hooghly Zilla Parisad. Keeping in mind the provisions of the aforesaid two statutes, I now turn to the facts which have given rise to this Rule.

(3.) THERE is a public ferry known as Telinipara ferry, within the jurisdiction of Hooghly Zilla Parisad, That ferry was leased out to the petitioner from April 1, 1964 to March 31, 1965, at an annual rental of Rs. 24,000/ -. Shortly before the expiry of the period of that lease, the respondent Vice Chairman of the Zilla Parisad issued a notice, dated February 16, 1965, thereby fixing March 3, 1965, as the date of auction of the tolls of the ferry for tike period April 1, 1965 to March 31, 1966. At the auction held on March 3, 1965, the petitioner made the highest bid at Rs. 14,000/ -. The bid was not up to the expectation of the Zilla Parisad. In such a case, the Zilla Parisad might have withdrawn the ferry from auction and put to re-auction. Nothing compelled the Zillah Parisad to accept the highest bid offered by the petitioner. Instead of resorting to re-auction, the Secretary of the respondent Zilla Parisad addressed a letter, dated March 19, 1965, to the petitioner, couched in the following language:-