Calcutta High Court (Appellete Side)
Nabadwip Jalapath Paribahan ... vs The State Of West Bengal & Others on 6 December, 2016
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16 06.12.2016. A.S.T. 283 of 2016
BD
Nabadwip Jalapath Paribahan Co-operative Society Ltd.
Vs
The State of West Bengal & Others
Mr. Arabinda Chatterjee,
Mr. Pradyot Saha,
Mr. Mainak Ganguly.
... For Petitioner
Mr. Amitava Choudhuri,
Mr. N. Roy.
... For Zilla Parishad
Mr. Sadhan Kr. Halder.
... For State
Let the supplementary affidavit filed by the
petitioner in Court today be kept with the record.
Heard Mr. Chatterjee, the learned senior counsel
for the petitioner and Mr. Choudhuri, the learned
advocate for the Nadia Zilla Parishad.
The Zilla Parishad will be at liberty to file counter
affidavit to the supplementary affidavit, filed in Court
today, on the next date of hearing. The counter affidavit
must specifically disclose how the Nabadwip
Municipality is operating motor boats or launch from
Mayapur to Baralghat at a rate much higher than what
has been fixed by the Zilla Parishad. The Zilla Parishad
authorities must specifically also disclose the nature of
such operation and whether they had given the
permission for operating the ferry service. If not, what
steps the Nadia Zilla Parishad had taken to stop the
same in view of the interim order granted by this Court.
Since the allegation of the petitioner also involves
the Nabadwip Municipality it is necessary that the said
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municipality should be added as a respondent to the
writ petition for effective adjudication of the grievance of the petitioner.
The petitioner is directed to amend the cause title here and now by incorporating the Nabadwip Municipality as a respondent to the writ petition.
The petitioner shall serve a copy of the writ petition as well as the copy of the supplementary affidavit upon the added respondent positively in course of this week and shall also communicate the gist of the order being passed today.
Mr. Chatterjee has a lot to complain about the alleged operation of the ferry service of Nabadwip Municipality and Mr. Choudhuri also could not agree more. Even if he opposes the other contentions of the petitioner he does not really support ferry service being run by Nabadwip Municipality.
In such view of it, I direct the Nadia Zilla Parishad not to allow any agency, other than the petitioner, to operate the concerned ferry service in view of the interim order passed by this Court on September 16, 2016 and extended from time to time. The added respondent shall also have the liberty to file an affidavit in opposition to the writ petition.
Let the matter appear in the Supplementary List on December 22, 2016 as a Specially Fixed Listed Motion at the Top.
The interim order, granted earlier and extended from time to time, is further extended till three weeks after reopening of the Court after the x-mas vacation or 3 until further order whichever is earlier.
(Dr. Sambuddha Chakrabarti, J.)