Ranjit Majhi @ Ranjit Das And ORS. v. The State Of West Bengal And ORS.

29.07.2025 Item No.

AD 97 Saswata WPA 15527 of 2025 Ranjit majhi @ Ranjit Das & Ors.

Vs The State of West Bengal & Ors.

Mr. Harun All Rashid Mr. Md. Mojnu Sk.

...For the petitioners Mr. Somnath Ganguli, Sr. Adv.

Mr. Supriya Majumder ...For the State Mr. Srijan Nayak Mr. Biplab Das Mr. Asis Dutta ...For the respondent no. 5 Mr. Kingsuk Mondal Mr. Tapodip Gupta Mr. Suman Bhanja ...For the respondent nos. 7, 8 and 10 1.

Record reveal that on previous occasion at the instance of the Chairman of Murshidabad Patni Cooperative Society Limited (hereinafter referred to as the "society") a coordinate Bench of this Court in WPA 3567 of 2025 by order dated 6th March, 2025 was pleased to pass the following order:- "

It appears that two ferry ghats, namely Chak Islampur Ferry Ghat and Chatra Ferry Ghat, located in the district of Murshidabad, are currently operated by respondent no. 7.

These ferry ghats were settled to respondent No. 7 by a letter dated January 9, 2025, for a period of three years, effective from 1429 B.S. The allotment has not yet expired.

The primary grievance of the petitioners is that respondent no. 7 obtained the allotment based on forged documents submitted during the auction process.

The learned advocate for the petitioners submits that the petitioners made a representation regarding this to the Additional District Magistrate and District Land and Land Reforms Officer, Berhampore, Murshidabad, by a letter dated February 6, 2025. However, the representation has yet to be considered.

2 WPA 15527 of 2025 In light of this, I direct the Additional District Magistrate and District Land and Land Reforms Officer, Berhampore, Murshidabad (respondent no.4), to consider the representation of the petitioner, as detailed at page 32 of the writ petition, within one month from the date of communication of this order.

I have not delved into the merits of the allegations made in this writ petition.

Respondent no. 4 shall decide the matter independently, without being influenced by any observations made in this order. In making its decision, respondent no. 4 shall provide an opportunity for both the petitioner and respondent no. 7 to be heard.

Accordingly, WPA 3567 of 2025 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with requisite formalities."

2.

Pursuant thereto a proceeding was initiated by the ADM and DLLRO, Berhampore, Murshidabad. Such proceeding has since culminated in the order dated 13th May 2025, whereby the proceeding was dropped. 3.

The petitioners who claim to be members of the society have once again come forward and are interested to reopen the above issue. Having regard to the fact that the tenure of the lease settlement of Chatra Ferry Ghat, having expired in April 2025, as submitted by Mr. Ganguly, learned Senior Advocate appearing for the State, I am of the view that immediate steps should be taken for fresh auction of the lease settlement of Chatra Ferry Ghat in accordance with law by the respondent no. 4.

4.

The entire process should be completed within two months from date.

5.

Although, Mr. Mondal, learned advocate appearing for the respondent nos. 7,8 and 10 submits that the police

WPA 15527 of 2025 authorities had made over possession of the Chatra Ferry Ghat to the said petitioners in furtherance to the order dated 7th May 2025, I am of the view that neither the said order nor the making over of possession by the police authorities can create any equity in favour of the said petitioners to operate the Ferry Ghat de hors the long term settlement.

6.

From a perusal of the order dated 7th May 2025 passed in WPA 9305 of 2025 it appears that the said writ petition was filed complaining obstruction for running the Ferry Ghat and as such, cannot create any equity in favour of the petitioners to interfere with the holding fresh auction.

7.

With the above directions and observations, the writ petition is disposed of.

8.

All parties shall act on the basis of the server copy of this order duly downloaded from this Court's official website.

(Raja Basu Chowdhury, J.)