Om Prakash, J. - (1.) The short question for consideration in this writ petition is whether respondent No. 1 was right in giving preference to respondent No. 4, a society constituted by Mallahs, in the matter of letting of ferry tolls. The Zila Parishad, Muzaffarnagar who is entrusted with the management of Bagowali Ghat on Solani river under the U.P. Kshetriya Samiti and Zila Parishad Adhiniyam, 1961, got constructed a pontoor bridge on the said Ghat and for letting the ferry toil, an advertisement in a newspaper was made on 30-1-94 and also a public notification to that effect was made which are Annexure No. 2 and 3 to the writ petition respectively. It is averred that the petitioner, a society registered under the Registration of Societies Act and other prospective bidders reached the spot to participate in the auction, but r.o auction was held on 17-2-1994. and all prospective bidders were asked to await the next date of auction, it is further averred that instead of holding auction in respect of the aforesaid pontoon bridge respondent No. 1 let the ferry toll to respondent No. 4 for Rs. 2,43,000/- for the period from 1-4-94 to 31-3-97.
(2.) The grievance of the petitioner society is that when respondents No. 1, 2 & 3 made advertisement and public notification to hold auction on 17-2-1994 to let the ferry toll then letting should have been done only by public auction and in no other manner.
(3.) The case of respondent No. 4 and the Zila Parishad Muzaffarnagar who have filed their counter-affidavits separately, is that the Government of U.P. issued Government Orders from time to time and by Government Order dated 19-2-90 (Annexure No. 5 to the counter affidavit filed for and on behalf of respondent No. 4), it was clarified that a society of Mallahs registered under Co-operative Societies Act, was to be given preference in the matter of such Theka and, therefore, the Theka for the aforesaid pontoon bridge was settled in favour of respondent No. 4 by impugned order dated 9/15/25 March, 1994 (Annexure No, 9 to the petition).;