SHANKAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner by this writ petition and an interlocutory application filed therein, seeks a direction for quashing the Resolution dated 1.7.2010 issued by the Government of Bihar in the Panchayati Raj Department by which in exercise of powers conferred by Section 158(1) and (2) of the Bihar Panchayati Raj Act, 2006, all the Ghats which were being settled by the Zila Parishads from before, have been released from settlement with effect from 1.7.2010 with a further direction that no settlement shall be made of the Ghats under the control of Zila Parishad in terms of the said decision of the State Government for the settlement year 2010-11 and where such Ghats have been settled till March, 2011, in their cases also the settlement is cancelled in exercise of powers conferred under Section 158(1) and (2) of the said Act. The petitioner also seeks quashing of the circular letter dated 1.7.2010 issued by the Deputy Secretary, Panchayati Raj Department, Government of Bihar to all the Deputy Development Commissioners-cum-Chief Executive Officers of Zila Parishads, Bihar communicating the said decision of the State Government, the office order dated 5.7.2010 issued by the Deputy Development Commissioner-cum- Chief Executive Officer, Bhojpur Zila Parishad, Ara cancelling, inter alia, the settlement made of Lakshman Chapra (Sheopur, Mahuli, Dokati) Ghat settled with the petitioner, and the letter dated 14.8.2010 issued by the Deputy Development Commissioner-cum-Chief Executive Officer, Bhojpur Zila Parishad, Ara to the Block Development Officer/Circle Officer, etc., intimating the fact of cancellation of settlement and to ensure that the order is immediately carried out.

(3.) The facts of this case lie within a narrow compass and are not in dispute. The petitioner was given settlement of a public ferry known as 'Lakshman Chapra (Sheopur, Mahuli, Dokati)' having fixed boundary on the river Ganges in Bhojpur district for a period of three years from 1.4.2009 to 31.3.2012. The said Ghat on the river Ganges is an old public ferry declared as such under the Bengal Ferries Act, 1885 since before the Indian independence. The settlement was made to the petitioner by public auction in accordance with the provisions of the Bengal Ferries Act for a total bid amount of Rs. 31,10,000/-. The petitioner thereafter was in peaceful possession of the said Ferry Ghat for collection of tolls and, accordingly, collecting the tolls. Subsequently, on 5.7.2010 on the basis of the aforesaid Government Resolution steps were taken by the authorities and acting under the office order dated 5,7.2010 of the Deputy Development Commissioner- cum-Chief Executive Officer, Bhojpur Zila Parishad, the petitioner was restrained from collecting the. tolls from the passengers crossing the river through the said Ferry Ghat.