Calcutta High Court (Appellete Side)
Concern & Anr vs The State Of West Bengal & Ors on 12 July, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
12. 7 . 2017
BP W.P. 16717(W) of 2017
Sl. 4
Sitesh Nagar Ferry Service Partnership
Concern & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Sarwar Jahan
Mr. Md. Ashraful Huq
..for the petitioners.
Mr. Rajiv Lochan Chakraborty
Mr. Arnab Sinha
Mr. Priyanjit Kundu
..for the Murshidabad
Zilla Parishad.
Mr. Arjun Roy Mukherjee
Mr. Joydeep Acharya
..for the State.
Mr. Kashi Kanta Moitra, Senior Advocate
Mr. Srikanta Dutta
..for the private respondent no.8.
Let affidavit of service filed in Court today be kept on record.
Pursuant to the order dated 6th July, 2017 Mr. Arnab Sinha, learned advocate for the Murshidabad Zilla Parishad has handed up a report wherefrom it speaks as follows:-
" I beg to inform that as per order of Hon'ble High Court, Calcutta dated 27.04,2017 in W.P. No. 12376(W) of 2017 this Zilla Parishad had arranged an e-auction notice issued vide Memo No. 1056/MZP dated 05.05.2017 for lease of Satui Ferry Ghat for the period of 1st Jaistho, 1424 B.S. to 30th Chaitra 1424 B.S. (16th May, 2017 to 14th April, 2018) and Zilla Parishad was to give work order in favour of the highest bidder as per e-auction of the said ferry ghat. Accordingly this Parishad's technical bid has already been opened & final bid was fixed on 19.05.2017. But this Parishad has not opened the final bid till date because an appeal application (M.A.T. No. 877 of 2017 with CAN 5230 of 2017) is filed by Manik Halder against order dated 27.04.2017 in W.P. No. 12376(W) of 2017 at Calcutta High Court.
This office is ready to comply with the final order of the Hon'ble High Court in this matter if any passed later on please."
Mr. Sinha, learned advocate for the Murshidabad Zilla Parishad submits that the Murshidabad Zilla Parishad will obey whatever the order would be passed in the present writ petition.
It is submitted by Mr. Sarwar Jahan, learned advocate for the petitioners that in MAT 877 of 2017 with CAN 5230 of 2017 filed by one Manik Halder against the order dated 27th April, 2017 in W.P. 12376(W) of 2017 the Hon'ble Division Bench passed an order, inter alia, "Any step taken in the meantime shall abide by the decision in this application, or any further order which may be passed in this matter." Thereafter the Hon'ble Division Bench extended the interim order for a period of two weeks after summer vacation. Mr. Jahan further submits that the interim order which was extended by the Division Bench during summer vacation has already been expired long back. Mr. Moitra's client did not take step to extend the interim order for a further period.
Mr. Kashi Kanta Moitra, learned senior advocate for the private respondent no.8 submits that by virtue of the settlement between the Murshidabad Zilla Parishad and the private respondent no.8 the ferry ghat was allowed to run till 18th October, 2017. Mr. Moitra submits that either this Court should allow the respondent no.8 to run the said ferry ghat till 18th October, 2017 or should direct the Murshidabad Zilla Parishad to compensate the private respondent no.8 for such period.
Considering the submissions as advanced by the learned advocates for the parties and after perusing the record, I direct the Murshidabad Zilla Parishad, the respondent no.4 to open the financial bid by 20th July, 2017 and thereafter complete all the statutory formalities by 27th July, 2017. Thereafter take step to hand over the possession of the said ferry ghat to the highest bidder by 31st July, 2017. Till such period the respondent no.8 will run the said ferry ghat.
Needless to mention, since after 31st July, 2017 the private respondent no.8 will not be allowed to run the said ferry ghat, therefore, on the basis of the private arrangement made between the Murshidabad Zilla Parishad and the private respondent no.8, the respondent no.4 is to refund the amount for the period the respondent no.8 restrained from running that ferry ghat.
Therefore, I direct the Murshidabad Zilla Parishad, the respondent no.4 to refund the amount for the month of August, September and up to 17th October, 2017 for which period the respondent no.8 will not be allowed to run the said ferry ghat on the basis of the backdoor arrangement between the Zilla Parishad and the private respondent no.8, though he has already paid that amount. That amount shall be refunded to the private respondent no.8 by 9th August, 2017.
With this direction, the writ petition is disposed of.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
(Samapti Chatterjee, J. )