DHARMESWAR KALITA Vs. AHMED AND ORS.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution. The facts arc that the tolls of Kakila -mukh -Neamati -Kamalabari Ferry were put to public auction on the 22nd March 1961 with a view to let it out for the year 1961 -62. The petitioner Dharmeswar Kalita offered the highest bid of Rs. 61,400/ -. The auction sale was conducted by Sri A. Ahmed, Additional Deputy Commissioner, Sibsagar who has been impleaded as opposite party No. 1 to the present petition. The petitioner after his bid had been accepted by the Additional Deputy Commissioner (hereinafter called 'the conducting officer') deposited the requisite money as prescribed under the rules.

(2.) A counter -affidavit has been filed on behalf of respondent No. 3 and Anr. by respondent No. 2 the Chief Engineer. According to the counter -affidavit filed by the Chief Engineer the ferry was put up for auction for eleven months from 1st May 1961 to 31st March 1962. It is stated in the counter -affidavit that the settlement was made with the respondent No. 3 in accordance with Section 8 of the Northern India Ferries Act, 1878 (hereinafter called 'the Act') read with Rs. 19, 19 (a) and 19 (b) of the Rules framed under the Northern India Ferries Act (hereinafter called 'the Rules').

(3.) THE question which falls for consideration having regard to the relief claimed by the petitioner that the order of the settlement by the Chief Engineer should be set aside, is how far that order is valid.