LAWS(CAL)-2018-1-82

ANANDA KUMAR DAS Vs. RAJAB MONDAL & ORS

Decided On January 10, 2018
Ananda Kumar Das Appellant
V/S
Rajab Mondal And Ors Respondents

JUDGEMENT

(1.) The instant appeal arises out of a common judgment and order dated 27th October, 2017, passed by a learned Single Judge whereby two writ petitions, being WP 24358 (W) of 2017 (Gourhari Roy vs. The State of West Bengal & Ors.) and AST 292 of 2017 subsequently renumbered as WP 25748 (W) of 2017 (Rajab Mondal vs. The State of West Bengal & Ors.), stood disposed of.

(2.) The appellant before us was the private respondent no.8 in WP 25748 (W) of 2017.

(3.) The writ petitioner had approached the writ Court assailing the selection of the private respondent no.8 to operate a ferry ghat. Such selection was made by Nadia Zilla Parishad and the concerned ferry ghat is known as 'Tehatta Chakbehari Ferry Ghat'. It was the specific case of the writ petitioner that the selection of the private respondent no.8, being the appellant herein, was made de hors the Rules. The learned Single Judge after considering the respective contentions of the parties and also Rule 93 of West Bengal Panchayat (Zilla Parishad and Panchayat Samiti) Accounts and Financial Rules, 2003, which was referred to and relied upon by the parties, proceeded to pass the impugned order with the following observations:-