Ashok Bhushan, J. - (1.) HEARD Shri Ravi Kiran Jain, learned Senior Advocate assisted by Shri R.K. Awasthi for the petitioners, Shri W.H. Khan, learned Senior Advocate assisted by Shri J.H. Khan has appeared on behalf of respondent Nos. 5 to 7 and Shri Shailendra Sharma has appeared on behalf of respondent Nos. 3 and 4.
(2.) COUNTER and rejoinder affidavits have been exchanged and with the consent of the learned Counsel for the parties, the writ petition is being finally decided. Brief facts giving rise to this writ petition are: The petitioner is a registered co -operative society of Nishads duly registered under the Cooperative Societies Act, 1965. There are several ghats on river Son which flows through District Sonebhadra. The said ghats are under the supervision and control of Zila Panchayat, Sonebhadra. Settlement of ferry rights on the aforesaid ghats are made under the Northern India Ferries Act, 1878. Government Orders dated 21/8/1981, 04/11/1981,19/2/1990 and 31/1/1994, lays down the procedure and manner for settlement of ferry rights which provide preference to the registered cooperative societies of Mallahs. By order dated 06/9/2002, ferry rights of ten Nauka Ghats were settled in favour of Chopan Nishad Navik Matsya Jivi Sahkari Samiti Ltd. for the year 2002 -03 and 2003 -2004, which settlement was challenged by the petitioner No. 1 by filing Writ Petition No. 42286/2002. An interim order was passed on 30/9/2002, in the aforesaid writ petition providing that as an interim measure, District Magistrate, Sonebhadra shall operate the ferry rights through his officials. Again an auction was held 25/10/2002, in which the answering respondents were the highest bidders. The State Government approved the proposal of Zila Panchayat by Government Order dated 14/11/2002. The petitioner No. 1 again filed Writ Petition No. 50783 of 2002 challenging the settlement dated 14/11/2002. An interim order was passed on 28/11/2002, directing the District Magistrate to operate the ferry rights through his officials as an interim measure. The interim order continued till the petition was dismissed as infructuous on 09/5/2007, on the statement made by the learned Counsel for the petitioner.
(3.) THE contesting respondents filed Writ Petition No. 26803/2007, claiming a direction to the respondents to permit the answering respondents to operate the ferry rights for the period which was stayed by this Court in Writ Petition No. 50783/2002. Another Writ Petition No. 26803/2007, was filed by Subhash Chandra Jaiswal and Ors., and the said writ petition was disposed by the learned Single Judge by the judgment and order dated 08/6/2007, directing the Commissioner, Vindhyachal Division to consider the claim of the petitioners and also to take into consideration the judgment of the Apex Court reported in Beg Raj Singh v. State of U.P. and Ors. : 2003 (1) SCC 726. The petitioner No. 1 filed Special Appeal No. 923/2007 challenging the order of the learned Single Judge dated 08/6/2007, which was dismissed on 11/7/2007. The Commissioner in pursuance of the order of this Court dated 08/6/2007, passed a detailed order on 05/9/2007, allowing the representation of the contesting respondents providing that for the rest of the period after 28/11/2002, the respondents are entitled to run the Nauka Ghats.;