DINESH SHEE Vs. STATE OF W B

JUDGEMENT

(1.) The auction for settlement of ferry ghats and hat/bazar situated within Sandeshkhali-l Panchayat Samiti could not be held on the scheduled date, i.e., on 21st April, 2004 on account of Parliamentary election. As such, the concerned Panchayat Samiti by its letter under Memo No. 660 (8) dated 13th April, 2004 being annexture 'P-1' to this writ petition authorized the Pradhan, Nazat-ll Gram Panchayat to realise toll tax from the Nazat Kalinagar Ferry Ghat and Nazat Bazar/Hat for a limited period. The Pradhan of the concerned Gram Panchayat, instead of realising the toll tax from the said ferry ghat and hat/bazar himself, authorized one Dhananjoy Mahato to collect such toll tax from the said ferry ghat and hat/bazar and to look after the administration thereof through four appointed persons who are the petitioners before this Court.

(2.) Subsequently an auction notice was issued by the Executive Officer, Sandeshkhali-l Panchayat Samiti for holding auction for settlement of various ferry ghats and hats/bazars under the said Panchayat Samiti for the period from 15th April, 2005 to 14th April, 2006. The petitioners have challenged the validity and legality of the said auction notice as the said auction notice was issued by not observing the extant provision of the West Bengal Panchayat Act and the Rules framed thereunder.

(3.) By referring to sub-rule (7)(vi) of Rule 31 of the West Bengal Panchayat (Panchayat Samiti Administration) Rules, 1984, Mr. Amjad All, learned Senior Advocate, appearing on behalf of the petitioners submitted that the management of hat, bazer, ferry which was assigned by the Government to the Panchayat Samiti has been allotted to Unnayan Parikalpana O Bhumi Sanskar Sthaayee Samiti.