D.K. Seth, J. - (1.) . - An auction was held on 10th April, 2001. There were twelve participants. The highest bid was Rs. 82,200/- while the petitioner bade Rs. 82,000/- and was the second highest bidder. Subsequently the said auction was cancelled and re-auction was held on 12th April, 2001 in which nine of the participants had participated and the highest bid was Rs. 9,500/- which was accepted. This time the petitioner was the highest bidder. Despite success in the auction, the petitioner was not allowed to run the ferry. He had been writing successively to the Sub-divisional Magistrate for granting permission in order to allow him to run the ferry service in vain. Ultimately he had moved a writ petition before this Court, being Writ Petition No. 11873 (W)/2001. But before any order could be passed on the said writ petition, the Sub-divisional Magistrate had passed an order on 7th August, 2001 suspending the lease in favour of the petitioner and directing the Prodhan of Sambhunagar Gram Panchayet under Gosaba Panchayet Samity to run the ferry service. The petitioner has challenged this order in Writ Petition No. 12189 (W)/2001 which is appearing in the list.
(2.) In the circumstances, these two writ petitions, being W.P. 11873 (W)/2001 and W.P. 12189(W)/2001, are taken up together.
(3.) Mr. Udayan Ray, learned Advocate appears for the private respondent. Mr. AN. Banerjee, learned Advocate appears for the State and Mr. Kalyan Bandhopadhyay learned Advocate, appears for the petitioner. Direction was given to Mr. A.N. Banerjee to produce the records. He has produced the records.;