CHINTAMANI BHUE Vs. COLLECTOR

JUDGEMENT

(1.) HEARD Mr. S.K. Misra for the petitioners, learned Additional Government Advocate for opposite parties 1 to 3, Mr. H.S. Misra for opposite party No. 5 and Mr. A.R. Dash for opposite party No. 4.

(2.) THE dispute in the writ application relates to a ferry ghat which adjoins Chadeipank Grama Panchayat on one side and Binika Notified Area Council on the other side of river Mahanadi. It is apparent from Annexure -1 that it was decided to put the ferry ghat to auction for the year 2000 -2001 in accordance with Rule 87 of the Orissa Grama Panchayat Rules, 1968 (in short, the 'Rules') - It may be noticed that for previous two to three years also the ferry ghat had been put to auction. As per Annexure -1, the auction was scheduled to be held by the Block Development Officer (in short, the 'B.D.O.'), the prescribed authority to hold the auction as contemplated in Rule 87 (d) of the Rules, on 28.3.2000 at 11.00 A.M. and accordingly the notice dated 10.3.2000 (Annexure -2) was duly issued. While the matter stood thus, by a subsequent notice dated 25.3.2000 (Annexure -3), the B.D.O. issued a notice to the general public stating that the auction cannot be hold on 28.3.2000 due to 'some unavoidable reasons'. However, in the said Annexure -3, reason for not holding the auction had not been indicated. It appears that subsequently, the Collector has given a direction that the ferry ghat in question should be settled with present opposite party No. 5. The action of the B.D.O. in not holding the auction as well as the action of the Collector in directing that the ferry ghat in question should be settled with opposite party No. 5 is being impugned in the present writ application.

(3.) OPPOSITE party No. 5 has filed a separate counter affidavit wherein it is indicated that opposite party No.5 is a Society consisting of fishermen and members of such Society were being earlier engaged by the previous highest bidders of the ferry ghat and were not being paid their minimum daily wages on earlier occasions. It has been indicated that with a view to improve the condition of these fishermen, a scheme has been prepared by the Collector and on the basis of such scheme, the Society has been registered.