WELFARE ASSOCIATION Vs. BAPPADITYA CHATTERJEE
LAWS(CAL)-2020-1-120
HIGH COURT OF CALCUTTA
Decided on January 27,2020

WELFARE ASSOCIATION Appellant
VERSUS
Bappaditya Chatterjee Respondents

JUDGEMENT

ARIJIT BANERJEE,J. - (1.) At all material times the petitioners carried on the business of operating a ferry service between Konnagar and Panihati under a license from West Bengal Surface Transport Corporation Limited. Mr. Basu, learned Senior Counsel, appearing for the petitioners submits that the license is valid till 2022.
(2.) The petitioners approached this Court by filing W.P.3187(W) of 2015 with the grievance that the respondent Municipality was taking steps for illegally terminating the contract that had been given to the petitioners and for awarding the contract of operating ferry service to some other party. On such writ petition, an interim order dated 28th January, 2015 was passed, the operating portion whereof reads as follows: " Learned Counsel for the Municipality on instruction submits that the meeting that has been convened on 28.01.2015 is for the purpose of initiating the tender process and no immediate steps regarding the operation of the Ferry Service is likely to be taken. Assurance is given on behalf of the Municipality that nothing will be done to interfere with the operation of the Ferry Service till 06.02.2015. In view of such assurance, I do not feel it necessary to pass any further orders. "
(3.) Thereafter, the writ petition was taken up for hearing on various dates and diverse orders were passed extending the interim order quoted above. Finally, by an order dated 29th April, 2015, the interim was directed to continue till disposal of the writ petition. The operative portion of the said order reads as follows: " The undertaking given by the concerned Municipality shall continue till the disposal of the writ petition. I have been informed that the petitioners are not running the ferry service for the present which is causing immense hardship to the public in general. Mr. Bose contradicts the submission and submits that only for a very limited period the ferry service was interrupted and for that a First Information Report has been lodged. The ferry service, Mr. Bose submitted, is continuing at present. The Court directs that such ferry service to be continued so that the public at large were not suffered by the interruption of the ferry service. Mr. Bose prays for leave to make report to the appropriate authority for any hindrance to the running of the ferry service. In case any interruption takes place at the instance of any person since such right is always with the person affected. No separate leave is called for. " ;


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