Gobardhana Anchalik Panchayat and Anr v. The State of Assam and 7 Ors

ORDER

07.02.2023

Both these writ petitions being connected are taken up together for disposal by this common order. I have heard Shri A. Hussain, learned counsel for the petitioners. I have also heard Ms. M.D. Bora, learned Standing Counsel, Transport Department as well as Shri S. Dutta and Shri N. Borah, learned Standing Counsel, P&RD Department. Shri R. Talukdar, learned State Counsel is also present. The projected case is that a decision was taken by the Inland Water Transport Department, Government of Assam on 18.12.2013 to take two Parghats namely Pub Khundnabari (Nichuka) and Zamadarbari Pather under its jurisdiction. The aforesaid decision was the subject matter of challenge in 3 numbers of writ petitions before this Court in which vide an order dated 12.06.2017, the matter was remanded for a fresh consideration. On 25.09.2017, an order was passed by the Commissioner & Secretary of the Department by which taking into account the report of the Circle Officer, the aforesaid two Parghats were confirmed to be under the jurisdiction of the Government. Page No.# 5/6 It is the case of the petitioners that subsequently, another report was furnished by the Circle Officer on 09.11.2017 as per which the earlier report of the Circle Officer based upon which the order dated 25.09.2017 was passed was held to be erroneous. The petitioners have submitted that accordingly the matter is required to be given a relook by taking into account the fresh report dated 09.11.2017. In WP(C)/3602/2020, the challenges are with regard to settlement done by the Government over the two aforesaid Parghats. However, Ms. Bora, the learned Standing Counsel, IWT submits that the term of settlement has already come to an end and for all practical purposes, the writ petition being WP(C)/ 3602/2020 has become infructuous. The said petition is accordingly dismissed as infructuous. So far as WP(C)/529/2018 is concerned, it transpires that till now a fresh report dated 09.11.2017 is yet to be considered. In that view of the matter, the writ petition stands closed by directing the Transport Department, Government of Assam to consider the fresh report of

09.11.2017 or any other subsequent report which may be called in the meantime to come to a definite finding with regard to the matter as to who would have jurisdiction over the two Parghats in question. The aforesaid exercise may be completed expeditiously and preferably within a period of 3 months from today. It is needless to mention that in case the two Parghats are held to be within the jurisdiction of the concerned Anchalik Panchayat, the settlement of the said would be made by the concerned Anchalik Panchayats. However, if it is held that the two Parghats are under the jurisdiction of IWT, the Department would initiate the settlement process. Page No.# 6/6 The petitioners are at liberty to submit certified copy of this order along with a copy of the writ petition to the appropriate authorities to do the needful in terms of the same. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010125492020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3602/2020o GOBARDHARAoANCHALIKoPANCHAYATo REP.oBYoITSoPRESIDENToSMT.oSHIBANIoBARMAN,oW/O.oSRIoPRADIPo BARMAN,oVILL.oSATHBONIRTUP,oP.O.oKALAHBHANGA,oP.S.oBARPETAo ROAD,oDIST.oBARPETA,oASSAM,oPIN-781315. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o TRANSPORToDEPTT.,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoOFoINLANDoWATERoTRANSPORT o(IWT)oASSAMoULUBARI oGUWAHATI-07. 3:THEoEXECUTIVEoENGINEER oINLANDoWATERoTRANSPORTo(IWT)oULUBARI oGUWAHATI-781007. 4:THEoDY.oCOMMISSIONERoBARPETA oP.O.oANDoDIST.oBARPETA oASSAM oPIN-781301. 5:THEoCIRCLEoOFFICER oBARNAGARoREVENUEoCIRCLE oSORBHOG oBARPETA Page No.# 2/6 P.O. SORBHOG DIST. BARPETA PIN-781317. 6:THE EXECUTIVE OFFICER GOBARDHARA ANCHALIK PANCHAYAT BARPETA ROAD P.O. BARPETA ROAD DIST. BARPETA PIN-781315 Advocate for the Petitioner : MR M AHMED Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/529/2018 GOBARDHANA ANCHALIK PANCHAYAT AND ANR REP. BY ITS PRESIDENT HADAITUL ISLAM S/O ABDUL SALAM VILL- BHATMARI P.O. SUKRUNGBARI DIST. BARPETA 2: CHAKCHAKA ANCHALIK PANCHAYAT REP. BY ITS PRESIDENT KALYANI DAS AGED ABOUT 45 YEARS W/O KANDARPA DAS VILL- DAKHIN GANAK GARI P.O. SORBHOG DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS THROUGH THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM TRANSPORT DEPARTMENT DISPUR PageoNo.#o3/6 oGUWAHATI 2:THEoDIRECTORoOFoINLANDoWATERoTRANSPORT ASSAM oGUWAHATI-o781007 o3:THEoEXECUTIVEoENGINEER IWT oDIVISION o oULUBARI oGUWAHATIo-o781007 o4:THEoDEPUTYoCOMMISSIONER BARPETA oP.O.oANDoP.S.oBARPETA oDIST.oBARPETA oASSAM o5:THEoCIRCLEoOFFICER BARNAGARoREVENUEoCIRCLE o SORBHOG oBARPETA oP.O.oANDoP.S.oSORBHOG oDIST.oBARPETA ASSAM o PINo-o781317 o6:THEoEXECUTIVEoOFFICER GOBARDHANAoANCHALIKoPANCHAYAT oBARPETAoROAD o P.O.oANDoP.S.oBARPETA o DIST.oBARPETA oASSAM o7:THEoEXECUTIVEoOFFICER CHAKCHAKAoANCHALIKoPANCHAYAT oP.O.oANDoP.S.oSORBHOG o DIST.oBARPETA oASSAM oPIN-o781317 o8:FAIZANoNESSA W/O-oJALALoUDDINoAHMED AGEDoABOUT-o32oYEARS R/OoANDoVILL.-oNICHIKA Page No.# 4/6 P.O.- BARPETA ROAD DIST.- BARPETA ASSAM PIN.- 781315. ------------ Advocate for : MR M AHMED Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI