RAJMAHALBOATTRAFFICCO-OPERATIVE SOCIETY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner no. 1 is a Co-operative Society registered under the Bihar Co-operative Societies Act and takes settlements of the ferry ghats situated within the area of operation. According to the petitioners in terms of Section 97 of the Bengal Ferries Act, preference has got to be given to the Co-operative Society in the matter of settlement of ghats.

(2.) The six ghats in question has been settled with the petitioners society. According to the petitioners they had filed a remission-petition on 19.12.1992 in respect of rupees fifty-four thousands eight hundred and deposited ten per cent of the remission fee. They further filed an application for remission of rupees sixteen thousands.

(3.) The Additional Collector, however, directed the petitioners to deposit a sum of Rs 60,354 which was allegedly due for the year 1992-93. The petitioners have contended that the society cannot be treated as a defaulter unless its claim for remission is decided.