BISWANATH SINGH Vs. ADDITIONAL CHIEF ENGINEER (R. AND B.) WING P.W.D. AND ORS.

JUDGEMENT

(1.) THIS Rule was issued on an application under Article 226 of the Constitution. By this application the petitioner prayed for a writ in the nature of mandamus and certiorari directing the opposite party No. 1 and 2 to settle the right of collection -of tolls of the Silonipam ferry with the petitioner and further prayed mat the order of settlement passed by respondent No. 3 - -The State of Assam - -be quashed.

(2.) IT is this order of the Government which has been impugned under Article 226 of the Constitution. The further relief claimed by the petitioner is that the direction in the nature of mandamus be passed against the opposite parties Nos. 1 and 2 directing them to settle the right of collection of tolls of the fenry in question with the petitioner. Whatever may be our decision on this writ petition, the procedure adopted by the Government was highly objectionable.

(3.) WE , therefore, refuse to grant a writ to the petitioner as prayed for; but in the circumstances, we do not award any cost.