Authority: Calcutta High Court (High Court at Calcutta)

Order Date: 30.09.2026

Case Overview

  • Parties: Appellant – Dipak Kumar Sarkar; Respondents – The Secretary, Hariharpara Thana Ferry Service Co-operative Society Ltd. & Others; State represented by senior counsel; Respondent No. 6 represented separately.
  • Nature of Proceeding: Appeal (MAT 1466 of 2026) against an interim order dated 31 July 2026 passed by a learned Single Judge in WPA 15822 of 2026, which stayed the e‑auction of 13 ferry ghats.
  • Background: The Executive Officer, Hariharpara Panchayat Samiti issued e‑auction notices on 25 June 2026 for lease of ferry ghats for three years at 5 % per annum. An online bidding process (e‑auction No. 03/HPS/FG/2026‑27) was held on 27 July 2026. Dipak Kumar Sarkar emerged as the highest bidder for Malopara ferry ghat and deposited the first‑year lease rent after receiving a letter of acceptance.
  • Petitioner’s Claim: The writ petitioner (unsuccessful bidder) argued that the e‑auction violated Rule 281(iii) of the West Bengal Land and Land Reforms Manual, which purportedly gives preference to hereditary‑patni boatmen cooperatives and requires settlement without tender when only one such cooperative exists.
  • Appellant’s Contentions: Asserted that he was the successful bidder, that the Single Judge had not impleaded him, and that the interim order was passed behind his back without reasons, contrary to a Division Bench judgment dated 16 July 2025 (M.A.T. No. 139 of 2025) which held that the Land Manual does not apply to ferry ghats managed by panchayat bodies.
  • Legal Submissions: Senior Advocate Haradhan Banerjee relied on the statutory force of the Land Manual, Section 52(4) of the West Bengal Land Reforms Act 1955, Rule 28A of the West Bengal Land Reform Rules 1965, and precedents (Raj Kumar vs Shakti Raj; Shah Babulal Khimji vs Jayaben D. Kania). The appellant’s counsel argued lack of prima‑facie case, balance of convenience, and that the auction had already concluded.
  • Statutory Framework Discussed:
  • Section 52 of the West Bengal Land Reforms Act 1955 – management of state lands until specific rules are made.
  • Rule 28A – lands of the State managed per the Land Manual unless the State Government directs otherwise.
  • Rule 266 of the Land Manual – hands over management of ferries, fisheries, tanks (≤5 acres) to Panchayat institutions, with specific exceptions.
  • Rule 281(iii) – preference for settlement with hereditary‑patni cooperatives, prescribing economic rent of 25 % of average net income of the preceding three years and no tender when only one cooperative exists.
  • Rule 31 of the West Bengal Panchayat (Panchayat Samiti Administration) Rules 2008 – enumerates functions of the Sthayee Samiti, including management of ferries.
  • Court’s Reasoning:
  • The Land Manual, while applicable to state‑owned lands, does not supersede the West Bengal Panchayat Act 1973, which empowers Panchayat Samitis to manage and lease ferry ghats.
  • The Division Bench’s finding that the Manual lacks statutory force for ferry ghats was upheld; the Manual’s provisions cannot override the Panchayat Act.
  • The interim order was issued without a proper prima‑facie assessment, balance of convenience, or hearing of the Panchayat Samiti, rendering it procedurally defective.
  • Public tender processes (e‑auctions) cannot be stayed by injunction absent a clear prima‑facie case, as per Section 41(ha) of the Specific Relief Act 1963 and relevant Supreme Court precedents (Goa Foundation v. Sesa Sterlite; Centre for Public Interest Litigation v. Union of India).

Final Outcome

  • The Court set aside the July 31 2026 interim order staying the e‑auction.
  • The authority (Panchayat Samiti) is free to proceed with the auction and grant lease based on the e‑auction results.
  • Dipak Kumar Sarkar is added as a respondent in the writ petition; all parties, including the Panchayat Samiti, must file their opposition within the time fixed by the writ court.
  • The writ petition will be heard on the basis of pleadings and prayers, with the auction outcome to be respected.

Topics: Court Judgment, Ferry Ghat Lease, Land Reform Law