GOLAK BEHARI TEWARI Vs. ADDITIONAL DISTRICT MAGISTRATE BANKURA

JUDGEMENT

(1.) THIS Rule was obtained by the petitioner Golak behary Tewari calling upon the Additional district Magistrate, Bankura, the sub divisional Land Reforms Officer (S)Bankura and one Bhakti Ram Bhalotia to show cause why this court should not in the exercise of its jurisdiction under Article 227 of the Constitution set aside an order dated July 18, 1968 passed by the Commissioner Burdwan division and why further consequential order should not be passed granting him lease of a public Ferry known as majia Ballavpur Ferry. This Rule is being opposed by Respondents 1 and 2 namely the Additional District magistrate and Sub-Divisional Land Reforms officer as also by Bhaktiram Bhalotia.

(2.) THERE is no dispute that the disputed Majia Ballavpur Ferry is a public ferry which is regulated by the provisions of the Bengal Ferries Act 1885 (hereinafter referred to as the said Act ). The existing term of the lease of the aforesaid public ferry over the river Damodar was to expire on 30th Baisakh 1374 B. S. and a proposal was initiated from some time before that date for holding a fresh auction. Initially February 12, 1968 was fixed to be the date of auction but it was subsequently shifted on a public notice issued on April 8, 1968-a copy where of is made Annexure A to the application under Article 227 of the constitution and it was notified that the said ferry would be put to public auction on april 15, 1968. This public notice recorded that the Sub-Divisional Officer sadar, Bankura will conduct the auction and that the auction would be held subject to certain conditions set out therein including a condition that the auction shall be subject to the sanction of the auctioning authority and that it will be open to the said authority to accept or not to accept the highest bid: it may be noted that although the public notice notified that it was the sub-Divisional Officer who should conduct the auction there is an order recorded in the records dated April 2, 1963 that it would be the Sub-Divisional land Reforms Officer who should preside over the auction fixed on april 15, 1968.

(3.) THE Sub-Divisional Land Reforms officer held the auction on April 15. 1968; there were bidders including the present petitioner and the present petitioner tendered the highest bid of rs. 30,000/ -. On the Bid-Sheet the sub-Divisional Land Reforms Officer recorded on April 15, 1968 the following : "the bid is closed. The highest bid of Rs. 30,000/- offered by Sri Golak tewari, son of late Sarbeswar Tewari of P. O. and Village Ballavpur is accepted subject to approval or appropriate authority".