Chandrasekhara Aiyar J. - (1.) This appeal has come before us on a certificate granted by High Court at Patna.
(2.) What is known as ' the Patna Ganges Ferries ' governed by the Bengal Ferries Act, 1885 (Bengal Act 1 of 1885), was the subject-matter of a dispute between respondent 1 Ram Bharosa Singh on the one hand, and the Government of the State of Bihar, and Nagendra Narain Singh, respondent 2, on the other. The District Magistrate, Patna, notified that a public auction of the ferries would be held on 22-12-1952, for the grant of a lease for a period of three years with effect from 1-4-1953, to 31-3-1956. But later, he withdrew the tolls from public auction, as it was decided to extend the term of the already existing lease of the ferries in favour of respondent 2 for a further period of two years with effect from 1-4-1953. A fresh lease deed was executed on 20-12-1952 for a period of two years and it was also registered. Complaints to the District Magistrate, the Commissioner and to the Government by respondent 1 proved of no avail and therefore he moved the High Court of Patna under Art. 226 for a writ of mandamus. The High Court granted the petition, holding that the action of the District Magistrate in withdrawing the public auction under orders of the State Government was not lawful, as it was not on his own initiative, which is what is required by the statute, and that there was no right under the Act or the rules to extend the term of a subsisting lease. A writ was, therefore, issued canceling the order of the Direct Magistrate, Patna, withdrawing the public auction and commanding him to issue a fresh notification for holding a public auction.
(3.) After the expiry of the two years term on 20-12-1954, there was a fresh auction in which both respondents 1 and 2 became lessees.;