PURNENDU BIKASH MAITY Vs. CHAIRMAN DISTRICT BOARD MIDNAPORE

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for the issue of a writ in the nature of mandamus directing the opposite party No. 2, District Magistrate, Midnapore, to register a number of ferry boats maintained and/or to be maintained by the petitioner for running a private ferry from Bamanchak in the district of Midnapore to different places in the district of 24-Parganas, namely, Kakdwip and other places, for a similar writ directing the opposite parties Nos. 2 and 4 to cancel the order dated June 16, 1958 in Ferry miscellaneous case No. 1 of 1958 and for other reliefs.

(2.) The respondents are (i) the Chairman, District Board, Midnapore, (2) the District Magistrate, Midnapore, (3) the District Magisrate, 24-Parganas and (4) the State of West Bengal. The petitioner is a citizen of India claiming to be carrying on the business of a private ferry from Bamanchak to Kakdwip on tidal navigable rivers which flow into the Bay of Bengal. He asserts that his grandfather one Gajendra Nath Matty had been plying a similar business for more than 60 years. It is said that the ferry was discontinued after the cyclone in the year 1942 until it was resumed by the petitioner in 1956. On March 26, 1957, the petitioner applied to the District Magistrate, Midnapore, through the Sub-Divisional Officer, Coutai for registration of six boats under the Rules framed under Section 22 of the Bengal Ferries Act between certain points in the district of Midnapore and 24 Parganas. A copy of this application is Annexure to the petition marked "B". On the objection of the Chairman, District Board, Midnapore, to the registration applied for, the Ferry miscellaneous case No. 1 of 1958 was started in the court of the Additional District Magistrate, Midnapore. The sub-divisional officer of Contai in the District of Midnapore as well as the sub-divisional officer of Diamond-harbour appeared to have taken the view that there would be no objection to the registration of the boats or their plying between the two Districts as prayed for. Ultimately the Additional District Magistrate, Midnapore by his order dated June 16, 1958 rejected the petitioner's application on the ground that all private ferries had vested in the State under Section 5 of the West Bengal Estates Acquisition Act.

(3.) The petitioner moved this Court on October 7, 1958 and obtained a rule calling upon the opposite parties to show cause why the write prayed for should not issue. The delay in making the application is sought to be excused on the ground of illness of the petitioner's father and as no point was made about it by the respondents nothing further need be said on this point. The grounds urged in the application are as follows :