06 21.08.2025 Court No.14 AGM IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION WPA 17211 of 2025 Prasanta Das Vs. The State of West Bengal & Ors. Mr. Sanjay Saha. Mr. L. R. Mondal. Mr. Probal Sarkar. Mr. Sk. Kiran. … for the Petitioner. Mr. Ansar Mondal. A.G.P. Mr. Sudipto Panda. Mr. Tanweer J. Mondal. … for the State. 1. Affidavit-of-service filed in Court today be retained with the records. 2. The petitioner is running the ferry of Icchaganj Ferry Ghat pursuant to the order issued by the Estate Manager, Murshidabad Estate (Judicial Department). The contract is valid on and from 1st September, 2024 to 31st August, 2025. 3. The vehicles which would be permitted to be ferried were clearly mentioned in the Notice Inviting E- auction. Four wheeler including driver and van rickshaw (loaded) were permissible. 4. The petitioner submitted bid relying on the terms and conditions as mentioned in the Notice Inviting E- auction. Due to safety reasons the four wheeler including driver and thereafter van rickshaw were prohibited from being ferried. 5. The petitioner submits that the petitioner had to incur losses for not being able to carry the vehicles which were permissible in terms of the Notice Inviting E-auction. 6. The petitioner made a representation before the Estate Manager, Murshidabad Estate seeking permission to ferry the van rickshaws. 7. It has been submitted that the subsequent Notice Inviting E-auction floated by the same authority has permitted ferrying of three wheelers. 8. The petitioner prays for a direction upon the authority to permit the petitioner to ferry the three wheelers so that the petitioner can recover some of the losses which the petitioner had to incur for not being able to carry the vehicles. 9. Learned advocate representing the State respondents submits that the restriction had to be brought in keeping in mind the safety and security of the passengers. 10. There is no explanation by the State respondents as to why van rickshaws have been permitted to be ferried in the Notice Inviting E-auction that has been floated for the year 2025-26 but the same vehicle has been restricted to be ferried by the petitioner. 11. In view of the above, the instant writ petition is disposed of by directing the Estate Manager, 2 Murshidabad Estate (Judicial Department) to take a decision on the petitioner’s request for ferrying three wheelers for the period the contract is existing between the petitioner and the respondent authority. 12. A decision shall be taken in the matter at the earliest but positively by 24th August, 2025. 13. Report of the Estate Manager, Murshidabad Estate dated 06th August, 2025 be retained with the records. 14. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 15. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Amrita Sinha, J.) 3