SASANKA SEKHAR PANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON 20th September, 1985 we had passed an interim order inter-alia, directing 24-Parganas Zilla Parishad to hold a fresh auction in accordance with law for settlement of Kachuberia - Kakdwip Ferry subject to the decision in this appeal and without prejudice to the rights and contentions of the parties therein. Holding of the said auction and acceptance of the highest bid by the Zilla Parishad were made subject to the final approval by this Court.

(2.) PURSUANT to the said order the President of the 24-Parganas Zilla Parishad by Memo No. 1076 (60) 20/revenue issued notices for holding of auction for settlement of the said ferry on 15th November, 1985. In the Memo the terms and conditions for offering bids in the said auction and for acceptance thereof were set out. On 15th November, 1985 bid of Rs. 785/-per day tendered by Sri Aditya Kumar Jana, Sabhapati, Sagar panchayet Samity being the highest one, was accepted on behalf of the 24 Parganas Zilla Parishad.

(3.) SASANKA Sekhar Panda, Chairman, Mazhi-Malla Samabaya paribhan Samity Ltd. , the appellant who had participated in the said auction held on 15th November, 1985, has made an application before this Court for inter-alia directing the respondents 1 to 6 not to give effect to the bid of Aditya kumar Jana, Chairman, Sagar Panchayet Samity for settlement of lease and licence of Kadhuberia - Kakdwip Ferryghat. The respondents have also used affidavits including supplimentary ones. The Chairman of the Sagar Panchayet Samity has also entered appearance in the appeal and on his behalf submissions have been made.