NABADWIP MUNICIPALITY Vs. NABADWIP JALAPATH PARIBAHAN CO-OPERATIVE SOCIETY L
LAWS(CAL)-2018-5-77
HIGH COURT OF CALCUTTA
Decided on May 18,2018

NABADWIP MUNICIPALITY Appellant
VERSUS
Nabadwip Jalapath Paribahan Co-Operative Society L Respondents

JUDGEMENT

Arindam Mukherjee, J. - (1.) The instant appeal is at the instance of respondent No. 7 in the writ petition being W.P. 12764(W) of 2017 (The Nabadwip Jalapath Paribahan Co- operative Society Ltd. Vs. The State of West Bengal & Ors.).Records reveal that the appellant was initially not a party to the writ petition but had been added as respondent No. 7 therein by dint of the order dated 6th December, 2016.
(2.) Nabadwip Jalapath Paribahan Co-operative Society Limited, the writ petitioner (being the respondent no. 1 in the appeal) had been operating the Ferry Service between Nabadwip Ghat and Mayapur Ghat(also known as Hullor Ghat) and Nabadwip Ghat and Swarup Ganj. It filed the said writ petition, inter alia, challenging the authority of the Nadia Zilla Parishad in issuing the notice inviting tender bearing no. 2186(34)/N.G.P dated 22nd August, 2016 for fresh auction of such ferry as also the manner in which such tender was issued. The reliefs claimed by the writ petitioner in the said writ petition are as follows:- a) An order dispensing with the formalities contemplated under Rule 26 of the Writ Rules; b) A writ in the nature of Mandamus commanding the respondent authorities, their men and/or agents and/or employees to forthwith withdraw/revoke/recall/rescind the Notice inviting tender bearing number 2186(34)/N.G.P dated 22.08.2016 issued in connection with settlement of Nabadwip Ferry Ghat being annexure "P-4" herein; c) A writ in the nature of Mandamus commanding the respondent authorities, their men and/or agents and/or employees to forthwith grant the lease of Nabadwip Ferry Ghat directly in favour of the petitioner society; d) A writ in the nature of Certiorari commanding the respondents and/or their servants and/or their employees and/or their agents to certify and transmit to this Hon'ble Court all the records pertaining to the Notice inviting tender bearing number 2186(34)/N.G.P dated 22.08.2016 issued in connection with settlement of Nabadwip Ferry Ghat being annexure "P-4" herein and all other documents/notices issued in pursuance thereof so that conscionable justice may be administered by quashing the same; e) Any other appropriate writ or writs; f) Rule NISI in terms of prayers (a), (b), (c), (d), and (e) above; g) An interim order restraining the respondent authorities from taking any steps and/or further steps in pursuance/furtherance of the Notice inviting tender bearing number 2186(34)/N.G.P dated 22.08.2016 issued in connection with settlement of Nabadwip Ferry Ghat being annexure "P-4" herein; h) Interim order in terms of prayer (g) above till the disposal of the application; i) Ad-interim order in terms of prayers (g) and (h) above; j) Cost of and incidental to this application. k) Such other or further order/orders and/or direction/directions as to your Lordships may deem fit and proper.
(3.) The said writ petition was finally heard and dismissed by the order impugned. However, the learned Single Judge allowed the Nabadwip Jalapath Paribahan Co-operative Society Limited to ply the ferry till 31st March, 2018.;


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