Biswanath Somadder, J. - (1.) The instant appeal arises out of a common judgment and order dated 27th October, 2017, passed by a learned Single Judge whereby two writ petitions, being WP 24358 (W) of 2017 (Gourhari Roy vs. The State of West Bengal & Ors.) and AST 292 of 2017 subsequently renumbered as WP 25748 (W) of 2017 (Rajab Mondal vs. The State of West Bengal & Ors.), stood disposed of.
(2.) The appellant before us was the private respondent no.7 in WP 24358 (W) of 2017.
(3.) The writ petitioner had approached the writ Court assailing the selection of the private respondent no.7 to operate a ferry ghat. Such selection was made by Nadia Zilla Parishad and the concerned ferry ghat is known as 'Tehatta Chakbehari Ferry Ghat'. It was the specific case of the writ petitioner that the selection of the private respondent no.7, being the appellant herein, was made de hors the Rules. The learned Single Judge after considering the respective contentions of the parties and also Rule 93 of West Bengal Panchayat (Zilla Parishad and Panchayat Samiti) Accounts and Financial Rules, 2003, which was referred to and relied upon by the parties, proceeded to pass the impugned order with the following observations:- "Considering the above submissions and after perusing the record, I find that the new point has been raised by Mr. Debnath in the present case which was not brought in the notice of the Court in the earlier writ petition being AST 292 of 2017. This Court also cannot ignore the fact on record that after cancellation of engagement of earlier person the respondent authority has engaged the private respondent no.7 on 18th August, 2017, that same person being the private respondent no.7 has been again selected to operate the said Ferry Ghat for one year by the Zilla Parishad. Considering the above discussion, in my considered view, the engagement of the private respondent no.7 cannot be sustained. Therefore, I direct the respondent authorities to hold a fresh tender in respect of the said Ferry Ghat after following the procedure as laid down under Rule 93 of the said Rule by 28th February, 2018. Accordingly, the private respondent no.7 is directed to run the said Ferry Ghat till 28th February, 2018. The respondent authorities are directed to refund the balance amount to the private respondent no.7 within a period of eight weeks from the date after deducting the appropriate amount for running the said Ferry Ghat for that period. With this direction, both the writ petitions, being W.P. 24358 (W) of 2017 and AST 292 of 2017, are disposed of. No order as to costs.";