Bacchu Dutta v. The State of Assam and 4 Ors

ORDER

06.03.2024 (Vijay Bishnoi, CJ) Heard the learned counsel appearing for the parties. This intra-court appeal is preferred by the appellant being aggrieved with the judgment dated 09.11.2023, passed by the learned Single Judge, whereby, while deciding four writ petitions, the learned Single Judge has dismissed WP(C) 305/2023, WP(C) 835/2023 and WP(C) 1606/2023 preferred by the appellant, however, has disposed of WP(C) 8323/2023 preferred by the respondent No. 5 herein with the observation that the tendering authority would at liberty to proceed and to bring the process of settlement in respect of the two ferry services, namely,

(i) Jatinga Ferry Service and (ii) Rajnagar Ferry Service to logical conclusions within an outer limit of two weeks. It is noticed that a Co-ordinate Bench of this Court, while issuing notice vide the order dated 30.11.2023, has directed the parties to maintain status quo and the said status quo order is still in currency. On the strength of the said status quo order, the appellant is operating the two ferry services in question till date. It is informed that the term of contract for operating the above-referred two ferry services is going to expire on 31.03.2024. It is also informed that a new tender for issuing licence to operate the above-referred two ferry services has already been floated, in which the appellant as well as the respondent No. 5 have also participated. In view of the above facts and circumstances, particularly, that the term of the Page No.# 3/3 contract for operating the ferry services is going to expire on 31.03.2023 and a new tender has already been floated, wherein the appellant as well as the respondent No. 5 have also participated, we are not interfering with the impugned judgment passed by the learned Single Judge. However, it is made clear that the respondent State authorities are required to complete the tender process pursuant to the NIT dated 07.02.2024 in respect of the above-referred two ferry services positively by 31.03.2024, with further direction that no further extension for operating the said two ferry services will be granted to the appellant after 31.03.2024. The appeal is disposed of with the above observations and directions.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010262532023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/436/2023o BACCHUoDUTTAo S/OoLT.oPRAMULYAoCHANDRAoDUTTAoR/OoVILL.oMALUGRAMoDEVIo PRASADoSCHOOLoROADoP.O.oSILCHARoP.SoSILCHARoDIST.oCACHARoASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMo INLANDoWATERoTRANSPORToDEPTT.oDISPURoGUWAHATIo6 2:THEoDIRECTOR oINLANDoWATERoTRANSPORToASSAMoULUBARIoGUWAHATIo781007 3:THEoEXECUTIVEoENGINEER oINLANDoWATERoTRANSPORToDIVISIONoCHANDMARIoTARAPURoP.O.o SILCHARoDIST.oCACHARoASSAM 4:THEoDEPATRMENTALoTENDERoCOMMITTEE oINLANDoWATERoTRANSPORToDEPTT.oHEADEDoBYoTHEoDIRECTORo INLANDoWATERoTRANSPORToASSAMoULUBARIoGUWAHATIo781007 5:FAKHARoUDDINoBARBHUIYA oS/OoLT.oHARUNoRASHIDoBARBHUIYAoR/OoGOSSAIPURoPARToIIIo UDHARBANDoDIST.oCACHARoASSAMoPINo78803o For;petitioner/appellant(s);:;;;;;;Mr.;J.;I.;Borbhuiya,;Advocateo For;respondent(s);;;;;;;;;;;;;;:;;;;;Ms.;M.D.;Borah,;SC,;Transport ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooMr.;P.;Mahanta,;Advocate oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooMs.;V.;Khakhlary,;Advoca Page No.# 2/3 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM