JUDGMENT S.K. Dhaon and D.S. Sinha, JJ. - The averments are these : The Public Works Department of the Government of Uttar Pradesh conferred upon the petitioner the right to ferry at the river Gomti in the district of Jaunpur for a period of three years on payment of Rs. 4,86,105. The period of contract expired on 31-10-1987. A proposal was made that the petitioner may be given a further right to ferry the river till the construction of a permanent bridge, the likelihood of the completion of which was imminent. In all probability the bridge was to be completed by the end of the year 1988. The proposal was that there may be an addition of 25% over the sum of Rs. 1,62,036, which was the sum payable for each year. The petitioner did not spurn the offer. However, he suggested that for working on the ferry an increase of 12 per cent instead of 25 per cent may be made. The Commissioner, it appears, accepted the proposal of the petitioner and forwarded the matter to the State Government for its approval. The matter is engaging the attention of the State Government. Meanwhile on 18-11-1987 the Executive Engineer, respondent No. 3 published a notice inviting tenders for the conferment of the right to ferry the river. The prayer is that the respondents may be restrained from acting upon the said notice issued by the Executive Engineer till the matter is disposed off by the State Government. 2. We have gone through the material on record and we are satisfied that there is substance in the case of the petitioner that the respondents should not be permitted to act upon the notice dated 18-11-1987 till the matter is disposed of by the State Government. The State Government should, therefore, endeavour to dispose off the matter referred to it by the Commissioner under Communication No. 3453/21-50(79-82), dated September 9, 1987 (Annexure `3' to the writ petition) as soon as possible. Till the matter is disposed off no action shall be taken upon the notice issued by the Executive Engineer on 18-11-1987. We are informed at the bar that after 31-10-1987 the agency of the Public Works Department itself is carrying on the activity of ferrying over the river. This arrangement may continue till the decision of the State Government. 3. Till the matter is disposed off no action shall be taken upon the notice issued by the Executive Engineer on 18-11-1987. We are informed at the bar that after 31-10-1987 the agency of the Public Works Department itself is carrying on the activity of ferrying over the river. This arrangement may continue till the decision of the State Government. 3. The learned counsel for the petitioner has contended that the Commissioner is the final authority to decide the State Government under some misconception. It will be open to the petitioner to make a proper representation to the State Government setting out all the relevant facts therein. The State Government shall take into account this contention of the petitioner while disposing off the reference of the Commissioner. 4. With these directions, the petition is disposed of finally. 5. A copy of this order may be given to the learned counsel for the petitioner on payment of usual charges today.