A writ was, therefore, issued canceling the order of the Direct Magistrate, Patna, withdrawing the public auction and companymanding him to issue a fresh numberification for holding a public auction.
But later, he withdrew the tolls from public auction, as it was decided to extend the term of the already existing lease of the ferries in favour of respondent 2 for a further period of two years with effect from 1 4 1953.
Complaints to the District Magistrate, the Commissioner and to the Government by respondent 1 proved of number avail and therefore he moved the High Court of Patna under Art.
A fresh lease deed was executed on 20 12 1952 for a period of two years and it was also registered.
After the expiry of the two years term on 20 12 1954, there was a fresh auction in which both respondents 1 and 2 became lessees.
So, we are number number companycerned, therefore, with any rights inter se between the two respondents.
1956 AIR SC 640 The Judgment was delivered by CHANDRASEKHARA AIYAR CHANDRASEKHARA AIYAR J. This appeal has companye before us on a certificate granted by High Court at Patna.
226 for a writ of mandamus.
The Government of the State of Bihar is interested only in the question of the companyrectness of the companystruction placed upon the Act and the Rules by the High Court.
What is known as the Patna Ganges Ferries governed by the Bengal Ferries Act, 1885 Bengal Act 1 of 1885 , was the subject matter of a dispute between respondent 1 Ram Bharosa Singh on the one hand, and the Government of the State of Bihar, and Nagendra Narain Singh, respondent 2, on the other.
The High Court granted the petition, holding that the action of the District Magistrate in withdrawing the public auction under orders of the State Government was number lawful, as it was number on his own initiative, which is what is required by the statute, and that there was number right under the Act or the rules to extend the term of a subsisting lease.
