Johirul Islam v. The State of Assam and 10 Ors

O R D E R

17.07.2024

The instant writ petition has been filed by the petitioner being aggrieved by the issuance of a communication issued by the Tax Collector/R.M. Kazaikata Suapata Gaon Panchayat whereby the petitioner was debarred from collecting taxes for and on behalf of the Tax Collector and one Mannat Ali was permitted to do so w.e.f. 12.06.2024.

¶2Mr. S. Dutta, the learned counsel appearing on behalf of the P&RD Department submits that the said Ferry Ghat being Saupata Part-III is no longer under the jurisdiction and authority of the P&RD Department and it has been declared vide the notification dated 15.12.2023 issued by the Secretary to the Government of Assam, Transport Department to come within the ambit of the Inland Water Transport, Assam. He further placed on record the notification dated 15.12.2023 as well as also a communication issued by the Chief Executive Officer of the Zilla Parishad, Dhubri dated

08.02.2024 wherein there was a direction issued to the B.D.O. cum Executive Officer, Nayeralga Anchalik Panchayat to handover the said Ferry Ghat to the Assistant Executive Engineer of the Inland Water Transport Sub-Davison, Dhubri. The said communications are kept on record and marked with the letters "X" and "Y" respectively.

¶3On the basis of the above, the learned Standing Counsel, P&RD Department submits that the instant writ petition has become infructuous.

¶4This Court upon taking into consideration that the P&RD Department has no longer any authority over the said Saupata Part-III Ferry Services, the impugned order by which the petitioner has been debarred by the Tax Page No.# 4/4 Collector has become redundant in as much as it is now the Inland Water Transport of the Government of Assam who controls the Ferry Ghats.

¶5Under such circumstances, nothing further remains to be decided in the instant writ petition for which the instant writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010129592024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3315/2024o JOHIRULoISLAMo S/OoLATEoKOBABoALIoSK,o RESIDENToOFoSUAPATAoPARToIIIo,POoANDoPSoBILASIPARAoDISToDHUBRIo ASSAMo783348 VERSUSo THEoSTATEoOFoASSAMoANDo10oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARY,oGOVT.oOFoASSAM,oDISPURo GUWAHATIo06 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPURoGUWAHATIo06 3:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPURoGUWAHATIo06 4:THEoDEPUTYoCOMMISSIONER oDHUBRI ASSAM 5:THEoSUBoDIVISIONALoOFFICERo(CIVIL) oBILASIPARA oDISToDHUBRIoASSAM 6:THEoCIRCLEoOFFICER Page No.# 2/4 BILASIPARA REVENUE CIRCLE BILASIPARA DIST DHUBRI ASSAM 7:THE DHUBRI ZILLA PARISHAD REPRESENTED BY CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD ASSAM 8:THE EX OFFICIO EXECUTIVE OFFICER NAYERALGA ANCHALIK PANCHAYAT BILASIPARA CUM BLOCK DEVELOPMENT OFFICER NAYERALGA DEVELOPMENT BLOCK BILASIPARA DIST DHUBRI ASSAM 9:THE SECRETARY KAZAIKATA SUAPATA GAON PANCHAYAT PO KAZAIKATA PS BILASIPARA DIST DHUBRI ASSAM 783348 10:THE TAX COLLECTOR /R.M KAZAIKATA SUAPATA GAON PANCHAYAT PO KAZAIKATA PS BILASIPARA DIST DHUBRI ASSAM 783348 11:MANNAT ALI S/O AJAYUDDIN VILLAGE SUAPATA PART III PO AND PS BILASIPARA DIST DHUBRI ASSAM 78334 For the petitioner (s) : Ms. N. Nasrin, Advocate For the respondent (s) : Mr. S. Dutta, SC P&RD Dept. Page No.# 3/4 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH