21.

On 19th March, 2001 the contract was awarded to Sri Ashim Bhattacharya by the surface
Transport Corporation. Thereupon this contempt application was filed alleging violation of the
order dated 7th December, 2000.

22. Admittedly, the lease was for a period of 3 years which was due to expire on 31st March,
2001. Despite the petitioner being the highest bidder the Rishra Municipality purportedly went
out of its way to help the erstwhile lessee Sri Chandranath Dutta and negotiated. The negotiation
should normally be to secure a bid higher than Rs. 3,50,000. But it was not so done. It seems that
the negotiation was only to help out the said Sri Chandranath Dutta who seems to be a favoured
child of the Municipality. in the negotiation Sri Chandranath Dutta was allowed to raise his bid
to Rs. 3,50,000 the same amount as was bade by the petitioner. Thus it appears it was only to
help Sri Chandranath Dutta the petitioner was deprived of his right despite having been the
highest bidder. Through the said negotiation Sri Chandranath Dutta was given the 1st half of the
period of 3 years. But when the petitioner's term came the Municipality was not interested in
giving it to the petitioner. The ferry service was not given to the petitioner. He had approach this
Court. All possible ways and means were explored to provent the petitioner from enjoying the
benefit of the bid, even by disputing the identity of the petitioner with whom the Municipality
had negotiated. Then it took the help of Khardah Municipality when it found itself cornered by
reason of the order passed by this Court and the appeal Court. Before this Court however the
Municipality had pointed out that they are not interested in granting lease to anyone else. Even
thereafter one Dawn family was proped up and then a meeting was called on and Khardah
Municipality was brought in the picture along with Surface Transport Corporation. Despite the
lease having been granted, only in a meeting petitioner was asked to give consent to give up his
right and the same was sought to be terminated by granting lease to someone else, through
Surface Transport Corporation. Even in the meeting, it was proposed that the petitioner would be
continuing till 31st of March, 2001, but then on 19th of March, 2001 contract was awarded to
Sri Ashim Bhattacharya. The Khardah Municipality, Rishra Municipality and Surface Transport
Corporation all were parties in the successive writ petition. Two of the writ petitioners are still
pending. The letter dated 28th Novermber, 200 was purported to be issued when the earlier writ
petition was pending and the interim order granted in the earlier writ petition was continuing till
31st of December, 2000, and by reason or order dated 7th June, 2000 passed in W.P. No. 18725
(W) of 1999 the petitioner was entitled to continue till 28th February, 2002. The 7th December,
2000 order, however, does not specify any time. The facts were known to the alleged contemnor.