- (1.) This application, for granting stay of the judgment and order dated 4th of April, 2007, has arisen in connection with an appeal preferred against the same judgment by the appellant.
(2.) The learned Single Judge has allowed the writ petition quashing the decision taken by the Zilla Parishad, 24-Parganas South and further directed to hold fresh auction for settlement of ferry service. The judgment and order were passed on a writ petition filed by the respondent No. 1 who alleged before the learned Trial Judge that despite having pre-requisite qualification, he was not allowed to participate in the auction exercised for setting the ferry service by the Zilla Parishad. The learned Trial Judge has upheld the contention of the writ petitioner and found that the writ petitioner had fulfilled all the conditions but he was not allowed to participate, thus the entire auction exercise was vitiated with illegalities. It is to be noted, in the auction, the appellant before us, participated and his bid was accepted by the Zilla Parishad. Originally the appellant before us was not made a party though his right was sought to be affected by filing of the writ petition. However, this defect was cured by the Court on an application being made by the applicant before the learned Trial Judge for adding the applicant as a party respondent.
(3.) After hearing the parties, the learned Single Judge found that the appellant's bid was also not acceptable and, therefore, his bid was also set aside and fresh auction was directed.;