MANU KHAN Vs. SUNDER SINGH

JUDGEMENT

(1.) This application in revision is preferred against the following order of the District Magistrate of Darbhanga passed on 21 December 1933, under the provisions of Section 144(4), Criminal P.C., in respect of an order of the previous day made by the Sub-divisional Magistrate of Samastipur: The order under Section 144 against Rai Sahib Sunder Singh is rescinded under Section 144(4). The Sub-divisional Officer will take whatever action appears necessary to prevent Manu Khan or other persons interfering with the collection of tolls by Rai Sahib Sunder Singh. Any tolls collected by the police will be handed over to the Rai Sahib forthwith.

(2.) It is expedient to set out matters chronologically. The Magardahi (pontoon) ghat near Samastipur and its subsidiary ghats are under the management of the District Board of Darbhanga. For a number of years prior to 1928 the lessees were Mahabir Singh and his brother Rai Sahib Sunder Singh aforesaid. Thereafter Manu (Singh) Khan took settlement from the District Board and in particular was the lessee for a year from 1 April 1933 on a jama of Rs. 29025. In para. 9 of his lease it is set out that if he makes default in the payment of the rent for the ferry it should be lawful for the Chairman to remove him from the charge of the ferry and settle the same with some other person or hold it khas and after such removal he should not be entitled to any part of the proceeds of the ferry or to levy any toll therefor. Apparently he fell into arrears and in September petitioned for remission of Rs. 14,025 of the rent and the Board on the 10 October resolved that the Government be moved to fix the jama of the ghat at Rs. 15,000 and to grant remission of the balance, but subsequently on the 30 November decided so settle the ferry with some other person if the lessee failed to pay up the arrears within 10 days of the date of notice, and notice was served on him on the 5th December.

(3.) The lessee made a representation to the Local Self-Government Department which apparently called for report. On the 15 December the Vice-Chairman of the District Board, acting under para. 9 of the lease settled the ghats with Rai Sahib Sunder Singh at a rent proportionate to the remaining period of the lease and gave him a parwana to that effect and an acknowledgment of the payment of the earnest money which was one-fourth of the rent-due. Thereupon the new lessee took possession from the beginning of the 16 December 1933, and did so without incident as reported by the peon of the District Board who had been deputed to give him possession. Apparently Manu Khan got busy at Patna and the following telegram from Patna was received by the District Magistrate of Darbhanga late on the afternoon of the 16th: Local Self-Government have already called for report through Commissioner on representation submitted by Manu Khan, lessee of Magardahi ghat. Information since received that ghat has been resettled by District Board and breach of peace is apprehended. Please take necessary action to prevent disturbance and request District Board to refrain from further settlement proceedings until Government have disposed of lessee's representation. Meanwhile please expedite report.