Calcutta High Court (Appellete Side)
Samabay Samity Limited & Anr vs The State Of West Bengal & Ors on 11 October, 2023
08
11.10.2023
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. 17717 of 2023
IA No. CAN 1 of 2023
Ghoramara Vidyasagar Smriti Sangha Mahila
Samabay Samity Limited & Anr.
-versus
The State of West Bengal & Ors.
Mr. Rudranil De,
Mr. Saikat Pal.
...For the Petitioners.
Mr. Santanu Kumar Mitra,
Ms. Rama Halder.
...For the State.
Mr. Partha Pratim Roy,
Mr. Dyutiman Banerjee.
...For the Applicant.
The notice inviting e-auction dated 14 th July,
2023 published by the Executive Officer, Domkal
Panchayat Samity is impugned in the present writ
petition.
The petitioners are aggrieved by the clause
mentioned in the said NIeA regarding preference to be
given as per Rule 281(III) of the West Bengal Land and
Land Reforms Manual, 1991.
It has been submitted that the said Rule will not
be applicable in respect of the auction conducted at the
instance of the Panchayat Samity. The same will be
applicable only in respect of the auction held at the
instance of the District Land and Land Reforms Officer.
It has been contended that in view of the
preferential clause mentioned in the notice inviting e-
auction the chance of the petitioners to be selected will
be reduced.
Learned advocate appearing for the Domkal
Panchayat Samity submits that the Block Development
Officer acting as the Executive Officer of the Panchayat
Samity published the e-auction notice in a manner not
prescribed in law.
The date on which the e-auction notice was
published, the Panchayat Samity was yet to be
constituted after declaration of the result of the
Panchayat Samity election on 11th July, 2023.
It has been submitted that there are several
allegations against the Block Development Officer who
published the said e-auction notice.
Learned advocate refers to the judgment dated
10th May, 2023 passed by a Coordinate Bench of this
Court in WPA 22046 of 2022 (Rabin Majhi -vs- The
State of West Bengal & Ors.). The Court directed fresh
auction to be conducted in respect of the 19 ferry
ghats.
The District Magistrate was directed to take over
supervision of the entire process and monitor the steps
so that the administration functions in the best interest
of the Panchayat Samity and in a transparent manner.
The auction was to be held within four weeks from the
date of communication of the judgment.
In the report filed by the Block Development
Officer, it has been mentioned that the District
Magistrate constituted a committee consisting of
District Panchayat & Rural Development Officer to act
as Chairman, the Block Development Officer, Domkal
to act as a Secretary, the Treasury Officer, Domkal
Sub-Division to act as a member and directed that the
committee shall perform all duties necessary for
compliance of the direction passed in the judgment
dated 10th May, 2023.
It has been submitted that the Block
Development Officer acted in accordance with the
direction passed by the Court.
At the time initial hearing of the writ petition by
order dated 1st August, 2023, the Court restrained the
Executive Officer of the Panchayat Samity from
proceeding any further with the impugned notice
inviting e-auction. Because of the interim order, the
notice inviting e-auction could not be finalized.
After hearing the submissions made on behalf of
all the parties, it appears that the said e-auction notice
was published for settlement of ferry under the control
of the Panchayat Samity without including any member
of the Panchayat Samity in the committee constituted
for settlement.
The Court in the earlier writ petition categorically
directed that the District Magistrate will supervise the
entire process and act in the best interest of the
Panchayat Samity. Not including any member of the
Panchayat Samity in the committee for settlement of
the ferry of the Samity will certainly not be in the
interest of the Samity. At the time of settlement of ferry
of the Panchayat Samity, the members of the
Panchayat Samity may have a say.
As regards the application of Rule 281 (III) of the
West Bengal Land and Land Reforms Manual, 1991, a
coordinate Bench of this Court in order dated 15 th
March, 2023 in WPA 5940 of 2023 (Matara Heridity
Patni Ferry Service Co-operative Society Limited & Anr.
-vs- The State of West Bengal & Ors.) held that the
provision is restricted to settlement and decision of
ferry ghats by the District Land and Land Reforms
Officer.
The same implies that the restriction in Rule 281
(III) will not be applicable in respect of the settlement of
ferries by the Panchayat Samity.
In view of the above, the impugned e-auction
notice cannot be supported in the eye of law. The same
is liable to be set aside and is, accordingly, set aside.
The District Magistrate, Murshidabad is directed
to act in accordance with the direction passed by this
Court on 10th May, 2023 and supervise the process of
settlement of ferry ghat. Representative of the
Panchayat Samity shall positively be included as
member of the committee that may be constituted for
settlement of the ferry ghat.
The function of the District Magistrate shall only
be restricted to monitoring the settlement which shall
be in accordance with the West Bengal Panchayat Act,
1973 and the corresponding rules.
Steps shall be taken in the matter at the earliest,
but positively within a period of four weeks from the
date of communication of this order.
Several allegations are leveled against the Block
Development Officer, Domkal. The Block Development
Officer being the Executive Officer of the Panchayat
Samity is not supposed to interfere in the regular day to
day affairs of the Panchayat Samity.
It will be open for the Panchayat Samity to take
necessary steps in accordance with law against the
Executive Officer of the Panchayat Samity, if so
advised.
The writ petition stands disposed of.
In view of the disposal of the writ petition, the
connected application stands disposed of.
Urgent certified photocopy of this order, if applied
for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
( Amrita Sinha, J.)
