BABAN CHAUBEY Vs. JAGAT SINGH

JUDGEMENT

(1.) These two writ applications involving common question of law were heard together and are being disposed of by this common judgment.

(2.) In these writ applications the question involved inter aiia, is as to whether the Bengal Ferries (Amendment) Ordinance, 1987, which has been repealed and replaced by the Bengal Ferries (Amendment) Act, 1988 (Act VI of 1988) is ultra vires the Constitution.

(3.) The petitioner in C.W.J.C. No. 1181 of 1988, has been running a ferry between Buxar Ramrekha Ghat to Ujiar Ghat since 1984. At all material times, the matter relating to settlement of ferry was and is still regulated and controlled under the Bengal Ferries Act, 1885 (Bengal Act I of 1885). The Ferry in question was declared to be a public ferry in terms of a notification, dated the 31st May, 1971, purported to have been issued under Section 6(a) of the said Act. According to the petitioners, the ferry in question is an important one and for management of the same an experience and capable organisation is required with at least 4 big power barges and a number of big boats. In the year 1977, the aforementioned Bengal 1885 was amended by the Bengal Ferries (Amendmend) Act, Act, 1977 whereby and whereunder a proviso to Section 9 was inserted as a result whereof a preferential treatment to Central Government or the State Government or Corporations or Undertakings set up by the said Governments was given by carving out an exception in respect of settlement of ferries by ordinary method as contemplated under Section 9 thereof.