BHAGABAN MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the action of opposite party No. 4, the Executive Engineer (R and S), Chankanal in leasing out free ferry service over river Brahmani at Nilakanthapur Ghat to opp. party No. 6 without following the procedure and calling for tender as required.

(2.) The contention of the petitioner is that in order to provide free ferry service over river Brahmani at Prachandepur each year, the Gram Panchayat conducts public auction and the highest bidder is given the operation of ferry ghat on lease basis for a period of six months. The rest six months, the opposite party No. 5 calls for tender and the lowest bidder is given the Ghat on lease to provide free ferry service to the general public and the vehicles. Copies of auction and tender notice are annexed as Annexures-1 and 2. It is alleged that for the present year 2000-2001, the petitioner being the highest bidder was given the lease to operate the ferry ghat from 1-6-2000 to 31-12-2000 and he operated the ferry for the said period on paying the agreed amount to the Gram Panchayat.

(3.) The opposite party No. 4 without following due procedure and the practice followed for past several years without calling for tender, illegally and arbitrarily has allowed the free ferry ghat service in favour of opposite party No. 6 on payment of Rs. 57,700/- for the period from 15-12-2000 to 15-6-2001. It is alleged that as per practice and in terms of the C.P.W.D. Code, the free ferry service could be only settled with a person who becomes the lowest bidder. The petitioner was willing to take the free ferry ghat service at a cost of Rs. 25,000/-, whereas opp. parties 4 to 5 have settled the said service arbitrarily in favour of opp. party No. 5 at a cost of Rs. 57,700/-.