BISHNUDEOYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in these two writ petitions relates to settlement of Munger Rajghat Ferry. In CWJC 9940/2002 Basudeo Yadav (hereinafter called the petitioner) seeks quashing of the settlement made in favour of the respondent no. 5 Harijan Naw Avam Jahaj Tatha Sarak Yatayat Swablambi Sahakari Samiti (hereinafter called the Samiti), and for a direction to settle the ferry with him. CWJC No. 14208/2001 has been filed by the Samiti for quashing the order of the Commissioner, Munger Division, dated 1.11.2000 directing the District Magistrate, Munger to stop the petitioner from running the ferry and take steps for fresh settlement on the basis of auction after advertisement. The dispute involved being one and the same the cases were taken up for hearing together.

(2.) THE settlement giving rise to the dispute relates to the period 1.1.2000 to 31.12.2002. When the cases were heard on 10.10.2002 less than three months remained for the period to end and therefore it was evident that this Court could do precious little to interfere with the impugned settlement at this stage. Counsel for the parties nonetheless made submissions at length in CWJC No. 9940/2002, while the other case i.e. CWJC No. 14208/2001 was sought to be withdrawn presumably because the petitioner of that case i.e. the Samiti has meanwhile filed a suit being Title Suit No. 113/ 2002 in the Court of 1st Sub Judge, Munger in which it has been granted status quo order. Though the cases have become virtually infructuous, I would like to make a few observations but before I do so I must notice the salient facts of the case.

(3.) THE case of the petitioner is that in terms of notification no. S.O. 84 dated 15.4.87 Boatmens Co -operative Societies registered under the Bihar Co -operative Societies Act, 1935 are entitled to take settlement of the ferries without participating in the auction within the area of their operation on reserve jama provided they fulfil all conditions of settlement. Such settlement shall normally for a period of one year. In order to assess the potential of the ferry and to determine the reserve jama auction should be held after a maximum of three years for future settlement with Boatmens Society on the amount not less than the reserve jama. Reserve jama shall be fixed by adding 15 percent more than the average of reserve jama for the last three years or last years reserve jama, whichever is higher. The settlement can be made provided the Society possess suitable vessels of the required passenger capacity having the Surveyers certificate by the competent authority. They should also possess the requisite number of country boats.