Gopalpur New Yatayat Swawlambi Sahkari Samiti Ltd. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20074 of 2014 =========================================================== Gopalpur New Yatayat Swawlambi Sahkari Samiti Ltd. Tintanga Karari Bindoli, Anchal - Gopalpur, Sub-Division- Naugachia, District - Bhaalpur, Bihar, A Society registered under the Societies Registration Act, through its Secretary, Shailendra Kumar Yadav, son of Siyaram Yadav, resident of Bindtoli, P.S. - Gopalpur, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Water Resources Development Department, Government of Bihar, Old Secretariat, Patna.
3. The Principal Secretary, Land Reform and Revenue Department, Government of Bihar, Old Secretariat, Patna.
4. The Commissioner, Bhagalpur Division, Bhagalpur.
5. The District Magistrate, Bhagalpur.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Surendra Mishra, Advocate Mr. Angad Kunwar, Advocate For the Respondent/s : Mr. S. D. Yadav, AAG-IX =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 17-01-2017 The petitioner has invoked the writ jurisdiction of this Court in public interest so as to provide ferry service on the Ganges for the residents of the area in the neighbourhood of Tintanga Ghat to the north of the Ganges by settling the public ferry.
Patna High Court CWJC No.20074 of 2014 dt.17-01-2017 2/3 In the counter affidavit of the District Magistrate, Bhagalpur, it has been pointed out that earlier settlement of ferry service was made in favour of the petitioner for a period of three years from July, 2004 to July, 2007 and thereafter a public notice was issued for settlement of the said service for a further period of three years. It is pointed out that an Amin conducted a survey and submitted a report finding sufficient water level on both banks of river Ganga and further mentioning therein about the existence of 16' depth water at Mouza Jichhochak of Kahalgaon Circle after which Mouza Tintanga of Gopalpur Circle begins.
It has been mentioned that the ferry plies from Jichhuchak of Kahalgaon Circle where water is available within the area of 13' after which the area of Tintanga Mouza comes which falls under Gopalpur Circle. The Amin further reported that ferry station point and boundary changes with increase and decrease of water level. The report of the Amin further mentions that during rainy season the ferry stations at Ward No.07 of Kahalgaon Municipality and when the water level decreases the ferry stations at Tintanga. It, thus, appears that ferry service is available where the depth of water admits the same. Therefore, no further orders are called for, more so, in a petition which is filed by ferry service provider which has a commercial interest in the ferry service.
Patna High Court CWJC No.20074 of 2014 dt.17-01-2017 3/3 Consequently, we dismiss the present writ petition. (Hemant Gupta, ACJ) (Sudhir Singh, J) Sunil AFR/NAFR N. A. F. R.
CAV DATE N. A.
Uploading Date 24.01.2017 Transmission Date