16.04.2025 Sl. No. 02. D/L. Mithun Ct.No.39. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 7917 of 2025 Nawda Thana Ferry Service Co-operative Society Limited Vs. The State of West Bengal & Ors. Mr. Kiron Sk, Mr. Aritra Ghosh ..for the petitioner Mr. Amitava Chaudhuri, Mr. N. Roy …for Nawda Panchayat Samity Sk. Md. Galib, Sr. Govt. Adv., Ms. Priyamvada Singh …for the State-respondents This writ petition has been filed seeking direction upon the respondent authorities to permit the petitioner to participate in the bidding process or in the auction process for Kanainagar Patikabari along with Palpara Chandpur and Kanchantala, two ferry ghats, if any auction notice is issued by the respondent authority and for quashing and setting aside of the illegal exorbitant demand notice. The petitioner contends that they are a group of unemployed local residents belonging to Patni/Majhi (Boatman) community, within the jurisdiction of Nawda jurisdiction. The petitioner is in possession of Kanainagar Patikabari along with Palpara Chandpur and 2 Kanchantala ferry ghats obtained by way of a resolution passed by Nawda Panchayat Samity in 2021 which was later continued by Nadia Zila Parishad and the petitioner had paid the charges in accordance with the West Bengal Land and Land Reforms Manual, 1991 for continuing the ferry ghat as or when the petitioner was asked and attempted to pay the same. In respect of 11 ferry ghats, bids were invited vide a notice inviting e- auction on 11th February, 2025 wherein the application of the petitioner in respect of 10 ferry ghats were cancelled arbitrarily while in respect of one other ferry ghat, namely Narayanpur Ferry Ghat, the status remained “To Be Approved”. The petitioner apprehends that the petitioner would be unlawfully restricted from participating in the upcoming auction process in respect of the ferry ghats in question. The payment in respect of the outstanding dues were made. However, the respondent has refused to accept payment. Representations were made before the authority concerned, which have not been considered. In the aforesaid backdrop, the petitioner has filed the present writ petition for appropriate relief. The matter was heard on 11th April, 2025 and date has been fixed this day under the heading „For Orders‟. Mr. Sabyasachi Chatterjee, learned Advocate for the petitioner submitted that the petitioners’ application was arbitrarily cancelled in respect of 10 bids previously 3 and one of the bids in respect of Narayanpur Ferry Ghat is yet to be approved. The petitioner apprehends that on the ground of non-payment of the arrear dues, which is exorbitant and illegally calculated, the petitioner would be restricted from participating in the e-Auction process in respect of the two ferry ghats, namely, Kanainagar Patikabari along with Palpara Chandpur Kanchantala. Therefore, he seeks for an order directing the respondent authorities to allow the petitioner to participate in the bidding process pertaining to auction notice to be issued by the respondent authorities. Mr. Amitava Chaudhuri, learned Advocate for respondent nos.4 to 8, Nawda Panchayat Samity submitted that the e-Auction in respect of the two ferry ghats is yet to be published. The entire writ petition is based on an apprehension of the petitioner that he may be restricted from participating. Therefore, there is no cause of action in the writ petition to sustain the prayer as sought for. He also indicates that the Panchayat Samity has been held by this court to be entitled to settle the ferry ghats upon holding e-Auction by following due process in WPA 12782 of 2013 along with WPA 9316 of 2022. Therefore, any steps taken for e- Auction is deemed to have been held in accordance with the order passed by this Court. The petitioner by way of the present writ petition is trying to interdict such order and direction passed by this Court. He also indicates 4 that in the appeal being MAT 139 of 2025 with MAT 143 of 2025 against the judgment and order passed in WPA No.12782 of 2013 along with WPA 9316 of 2022, interim order was turned down by the Appellate Court holding that there is a failure on the part of the appellant to pay the revenue to the Panchayat Samity which is an issue of revenue loss to the Panchayat Samity. Thus, the writ petition is short of merit and is liable to be dismissed. He sought for dismissal of the writ petition. Mr. Sk. Md. Galib, learned Advocate for State- respondents submitted at the outset that mandamus cannot be granted in vacuum. The auction in respect of ferry ghats in question is yet to be published and initiated. Thus this apprehension of the petitioner that it would be restrained is not based on any cause of action. He also sought for dismissal of the writ petition. In the earlier round of litigation in WPA 12782 of 2013 along with WPA 9316 of 2022, the Co-ordinate Bench of this Court observed that the Panchayat Samity is entitled to settle ferry ghats upon holding e-Auction by following the due process. Such order was assailed in appeal being MAT 139 of 2025 with MAT 143 of 2025 and the appeal Court while considering the prayer for interim relief observed as follows:- “First fresh auction is yet to take place. It cannot be said that, the appellant before us is vested with the right to continue with the Ferry Ghat in perpetuity. There is failure on the part of the appellant to pay the revenue to the Panchayat Samity. There is an issue of revenue loss to the Panchayat Samity involved.” 5 Admittedly the e-Auction in respect of Kanainagar Patikabari along with Palpara Chandpur and Kanchantala is yet to take place. Thus, there cannot be any quarrel that the entire writ petition is based on an apprehension that the petitioner will be restrained from participating in an auction which has not seen the light of the day as yet. So far as the illegal and exorbitant demand is concerned, it is found that the petitioner has challenged the same in an earlier writ petition being WPA 4926 of 2025 which is pending disposal. In light of the above, this Court finds that the writ petition is short of merit. Accordingly, the writ petition being WPA 7917 of 2025 stands dismissed. All connected applications, if any, stand disposed of. There will be, however, no order as to costs. Interim order, if any, stands vacated. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Bivas Pattanayak, J.)