SAHABGANJBOATTRAFFICCO-OPERATIVE SOCIETY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against a notice dated 7th May, 1993 issued by the Deputy Commissioner, Sahebganj wereby and whereunder tenders have been invited from the intending bidder for taking setllement of Sahebganj Manihari Group of Public Ferry which is a public ferry within the meaning of the provisions of Bengal Ferries Act 1885.

(2.) The fact of the matter lies in a very narrow compass. Petitioner No. 1 is a society registered under the Bihar Co-operative Societies Act. The Ghats in-question had been settled with the petitioners for the year 1991-92. It is accepted that previously there was 180 different ghats. One Jai Manga) Singh filed a writ petition in this court being C. W. J. C. 6175/90 wherein inter alia it was contended that the settlement of Ghats were going to be made without fixing the limits thereof. A Division Bench of this Court by order dated 20th September, 1980 dismissed the said writ application directing the petitioner to appear before the Deputy Commissioner, Sahebganj so as to get the limits of the Ferries in-question defined before the auction was held. Another writ application was filed by one Damodar Pd. Singh raising the same question which was registered as C. W. J. C. 1494/91. By an order dated 9-4-1991 the said writ application was also disposed of in view of the submissions made by the counsel for the State that steps have already been taken to renotify the limits of the ferries.

(3.) However, another writ application was filed by Damodar Prasad Singh as allegedly the direction of this Court in C. W. J. C 1494 of 1991 were not complied with being C.W.J. No. 3838 of 1991. In that writ application the petitioner was added as respondent No. 4. By a judgment dated 7th May, 1992, a Division Bench of this Court while allowing the said writ application held as follows :-