Bidur Chandra Ray v. The State of Assam and 3 Ors

ORDER

24.07.2024 Heard P. Mahanta, learned counsel for the petitioner. Also head Ms. M.D. Bora, learned counsel for the Transport Department and Mr. S. Kotoky, learned counsel for the respondent No.4.

¶2The petitioner is aggrieved by the Order No.354 dated 21.06.2024, whereby the Gumaghat Ferry Service is to be operated by the respondent No.4 temporarily for 30 days, w.e.f. 01.07.2024 to 31.07.2024. This Court vide order dated 27.06.2024 had passed an order staying the operation of the Order No.354 dated 21.06.2024 issued by the respondent No.3.

¶3Ms. M.D. Bora, learned counsel for the Transport Department submits that regular settlement of the Gumaghat Ferry Service will be made within 1 week, pursuant to the NIT No.67 dated 08.02.2024. She also submits that a speaking order dated 08.07.2024 has been issued by the Circle officer, Agomoni Revenue Circle, Agomoni, wherein it has been stated that the land valuation certificate issued to the petitioner has been cancelled. A copy of the same may be furnished by Ms. M.D. Bora to the counsel for the petitioner during the course of the day.

¶4In view of the submission made by Ms. M.D. Bora, learned counsel for the Page No.# 3/3 Transport Department, there is nothing left to adjudicate in this matter, as the temporary operation of the Gumaghat Ferry Service will end as and when the regular settlement of the ferry service is made, pursuant to the NIT dated 08.02.2024. It is needless to add that the petitioner is at liberty to challenge any regular selection made for operating the Gumaghat Ferry Service, pursuant to the NIT dated 08.02.2024 as per law.

¶5The writ petition is accordingly disposed of, as there is nothing left to adjudicate in this case. However, the petitioner should be allowed to operate the Gumaghat Ferry Service till regular settlement of the ferry service is made in terms of the NIT dated 08.02.2024, as the petitioner had been operating the ferry service on the basis of a regular settlement order, which term has now expired.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010132772024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3400/2024o BIDURoCHANDRAoRAYo S/O-oCHATISHoCHANDRAoRAY,oR/O-oVILL-oKOIMARIoPART-VII,oP.O.o KOIMARI,oP.S.oGOLAKGANJ,oDIST.oDHUBRI,oASSAM,oPIN-o783335. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o TRANSPORToDEPARTMENT,oDISPUR,oGHY-06. 2:THEoDIRECTOR oINLANDoWATERoTRANSPORT oASSAM oULUBARI oGHY-781007 oKAMRUP(M) 3:EXECUTIVEoENGINEER oINLANDoWATERoTRANSPORToDIVISION oASSAM oULUBARI oGHY-781007 oKAMRUP(M) oASSAM 4:RAJESHoBHAKAT oS/O-oLATEoTRINATHoRAIoBHAKAT oR/O-oVILL.-oKAIMARIoPART-VIo P.O.oKAIMARI oP.S.oGOLAKoGANJ Page No.# 2/3 DIST. DHUBRI ASSAM PIN- 783335 Advocate for the Petitioner : MR B B NARZARY Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA