Birsing Jarua Anchalik Panchayat v. The State of Assam and 5 Ors

ORDER

20.08.2024

¶1Heard Ms. L. Wajeeda, learned counsel for the petitioner. Also heard Ms. M.D. Borah, learned counsel for the Transport Department and Mr. S. Dutta, learned counsel for the P&RD Department.

¶2The petitioner is the Birsing Jarua Anchalik Panchayat constituted under the provisions of the Assam Panchayat Act, 1994. The grievance of the petitioner is that the petitioner has been managing the operation of the Chitolkati (Narikolkhowa) to Choudhurychar Part-I (Fulkatari) Ferryghat for the last 20 years. However, vide notification dated 29.02.2016 issued by the Additional Chief Secretary to the Government of Assam, Transport Department, the said ferry service has been declared to be a public ferry and the control and management of the same has been handed over to the Transport Department.

Page No.# 3/4

¶3The case of the petitioner is that under the provisions of the Control and Management of Ferries Rules, 1968, a new ferry service cannot be established over an existing ferry service run by the Panchayat (petitioner), as the same is in conflict with the provisions of Section 49(12)(c) of the Assam Panchayat Act, 1994. The petitioner has thus prayed for setting aside the notification dated

29.02.2016.

¶4Mr. S. Dutta, learned counsel for the P&RD Department submits that the matter pertains to the handing over of the ferry service to Transport Department from the Anchalik Panchayat and as such, the matter may be decided by the Chief Secretary of the State.

¶5Ms. M.D. Borah, learned counsel for the Transport Department submits that the matter has become infructuous, as the ferry service is now being run only by the Transport Department for the last few years. She also does not have any objection to the prayer made by Mr. S. Dutta, learned counsel for the P&RD Department.

¶6Ms. L. Wajeeda, learned counsel for the petitioner also submits that she does not have any objection to the proposal made by the counsel for the P&RD Department.

¶7In view of the consent of the parties, this writ petition is disposed of with a direction to the petitioner, to approach the Chief Secretary of the State by way of a representation. The Chief Secretary shall thereafter take a decision on the Page No.# 4/4 petitioner's representation within a reasonable time period.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010115342016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4298/2016o BIRSINGoJARUAoANCHALIKoPANCHAYATo REP.oBYoITSoPRESIDENT,oSMT.oFATEMAoBEGUM,oVILL.-oSALMARAoPART-oIV, P.O.-oBONDIoHANA,oDIST.-oDHUBRI,oASSAM,oPIN-o783349. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREP.oBYoCOMMISSIONERoandoSECY.oTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToandoR.D.oDEPTT.,oDISPUR,oGHY-o6. 2:ADDL.oCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM oTRANSPORToDEPTT. oDISPUR oGHY-o6. 3:DIRECTOR oINLANDoWATERoTRANSPORT oASSAM oULUBARI oGHY-o7. 4:EXECUTIVEoENGINEER oIWToDIVISION oULUBARI oGHY-o7. 5:DHUBRIoZILLAoPARISHAD oTOoBEoREP.oBYoCHIEFoEXECUTIVEoOFFICER oDHUBRIoZILLAoPARISHAD oP.O.-oDHUBRI oASSAM oPIN-o783301. Page No.# 2/4 6:BLOCK DEVELOPMENT OFFICER-CUM EXECUTIVE OFFICER BIRSING JARUA ANCHALIK PARISHAD DIST.- DHUBRI ASSAM PIN- 783301 Advocate for the Petitioner : MR.N ISLAM, MS.L WAJEEDA,MR.N H MAZARBHUYAN,MR.K MIRA Advocate for the Respondent : SC, IWT, SC, TRANSPORT DEPARTMENT,ADDL. AG, ASSAM,MS.B BHUYAN,MR.Y DOLOI(R- 1-6),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA