35 jdt. 07.07.2026 jb. WPA 6242 of 2026 (Azharul Haque Sardar vs. State of West Bengal & Ors.) Mr. Surajit Samanta Ms. Sohini Samanta Mr. Subhasis Maity Mr. Roop Shankar Roy …. For the Petitioner Mr. Madhu Jana Mr. Subhajit Das …. For the State Ms. Pampa Dey Dhabal Ms. Sangita Banerjee Mr. Pritam Sarkar …. For the Respondent no. 6 Mr. Tapash Kr. Mondal Mr. P. S. Basu …. For the South 24 Parganas Zilla Parishad Heard learned counsels for the parties. It is not in dispute that the petitioner operated the ferry ghat in question till 14th December, 2025 and has been allegedly dispossessed therefrom on 15th December, 2025. The petitioner says that the private respondent has been operating the ferry ghat illegally despite the fact that the lease granted to the petitioner is still continuing and shall expire on 19th August, 2027. By an order passed on 20th April, 2026, this Court held that the petitioner was liable to pay lease rent till 14th December, 2025 that is, the date till which he has operated the ferry ghat. Necessary instruction was sought from the Zilla Parishad and the petitioner with regard to such rent payable by the petitioner from 16th August, 2025 to 14th December, 2025. The Zilla 2 Parishad has submitted that an amount of Rs.11,76,904/- is due from the petitioner for the said period. In an earlier writ petition being WPA 320 of 2026 filed by the petitioner, a co-ordinate Bench, by an order passed on 26th February, 2026 directed the Zilla Parishad to convene the hearing within 7 days from the date of the order for the purpose of determining due lease rentals payable by the petitioner and consider his prayer for remission of the lease rentals. The petitioner was directed to be permitted to operate the ferry ghat for the remainder of the lease period upon payment of 50% of the amount so determined within 48 hours from the date of such determination and payment of balance outstanding due in suitable instalments as may be determined by the Zilla Parishad. Pursuant to such order, the Zilla Parishad took up the issue for consideration and held that the petitioner was liable to pay outstanding dues in terms of the base price of the ferry ghat declared in the auction wherein he participated upon being aware of the said price. Since the request for payment of lease rent has been turned down by the Zilla Parishad the due amount payable by the petitioner stands at Rs.11,76,904/- Learned counsel for the petitioner submits that the petitioner is no longer interested in continuing with the lease and the same may be terminated. He also 3 submits that the private respondent who is operating the ferry ghat illegally may be restrained from operating the same any further. Learned counsel for the Zilla Parishad submits that in view of the fact that the petitioner has declined to continue with the lease, his lease shall be deemed to be terminated. A fresh e auction shall be floated in respect of the said ferry ghat. Learned counsel undertakes that the entire auction process shall be completed within 15 days from the date of communication of this order. Learned counsel for the private respondent submits that since the ferry ghat was not being operated since 15th December, 2025 and the villagers were facing extreme hardship, they approached the Panchayat for appointment of the private respondent to operate the ferry ghat as a stop gap arrangement and the same was allowed by the Panchayat. This Court fails to understand under what authority the Panchayat granted such permission when the ferry ghats are dealt with by the Zilla Parishad. In view of the undertaking given on behalf of the Zilla Parishad, the private respondent is restrained from operating the ferry ghat any further from today, that is, 7th July, 2026. It is expected that the entire process of e auction shall be concluded within the period undertaken on behalf of the Zilla Parishad. 4 The petitioner shall be at liberty to participate in the fresh auction subject to clearance of dues as stated above. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)