RAMBHAROSA SINGH Vs. GOVT OF THE STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for the issue of an appropriate writ 'directing the District Magistrate of Patna to lease the tolls of a ferry known as the Patna-Ganges Ferry by public auction, irrespective of the direction of the State Government to the contrary.

(2.) The Patna-Ganges Ferry has been declared to be a public ferry under the Bengal Ferries Act, 1885 (Bengal Act, 1 of 1885). The tolls of the ferry had been leased to opposite party No. 5 by public auction for a term of two years, namely from 1-4-1951, to 31-3-1953. According to the rules framed in pursuance of the provisions of Section 15, Bengal Perries Act, the District Magistrate of Patna advertised to the public in the issue of the Bihar Gazette dated 3-9-1952, fixing 22-12-1952, as the date for holding a public auction for the lease of the tolls of the ferry for a period of three years with effect from 1-4-1953. The petitioner intended to bid at this public auction, and he came to Patna for the purpose. Then he found that the District Magistrate had revoked his announcement to lease the tolls of the ferry by public auction in supersession of the advertisement referred to above, and had withdrawn the tolls from public auction under a notice dated 19-12-1952, which was to the following effect:

(3.) The tolls of the ferry had been leased to Sri Nagendra Narain Singh, opposite party No. 5, for a period of 2 years commencing from the 1st April, 1951, at an annual rental of Rs. 51,000/-. On the 22nd December 1952 the petitioner filed an application before the District Magistrate offering an annual rental of Rs. 1,05,000/- as against the previous annual rental of Rs. 51,000/- of the opposite party No. 5. The District Magistrate disposed of that application by endorsing upon it that the notification to hold a public auction had already been withdrawn. It is then stated that the petitioner filed application before the Commissioner as also before the Government; but no orders were passed. Hence, on 6-3-1953. he filed the present application under Article 226 of the Constitution.