PADMADHAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE proceedings witness a tussle for dominion over settlement right of ferry ghats nomenclatured as Cinatoli Bogoriguri Neamatighat (for short hereafter referred to as the Cinatoli Ghat) and Phuloni Bogoriguri Neamati Ghat (for short hereafter referred to as the Phuloni Ghat). THE legal bout was initiated with the institution of WP(C) 3172/2010 laying the challenge to the Notice Inviting Tender dated 10.5.2010 issued by the President of the Ujani Majuli Anchalik Panchayat (for short referred to as the Anchalik Panchayat) initiating thereby a process amongst others for settling the Phuloni Ghat claiming it to be located within the territorial limits of Ratanpur Gayan Gaon Panchayat under it for the period 1.7.2010 to 30.6.2011. By order dated 4.6.2010, this Court while issuing notice of motion, the respondent No. 6 therein namely the President/Chairperson of the Ujani Majuli Anchalik Panchayat, Jorhat, was in the interim permitted to receive the tender papers in response to the impugned NIT but was restrained from opening the same until further orders.

(2.) MISC. Case 2106/2010 is registered on an interlocutory application by the aforementioned respondent No. 6 seeking vacation and/or alteration and/or modification of this restraint. The parties have exchanged pleadings in this misc. case. By order dated 3.9.2010 passed in WP(C) 3172/2010, this Court, on a prima facie analysis of the issues involved, required the Sub-Divisional Officer (C), Majuli, Garamur, to submit a fresh report on the physical location of the Cinatoli Ghat and the Phuloni Ghat for an appropriate adjudication thereof. A report dated 22.9.2010 was accordingly submitted by the aforementioned State authority.

(3.) I have heard Mr. P. Pathak, Sr. Advocate assisted by Ms. P. Barman and Ms. Changkakoti, Advocates for the writ petitioner in WP(C) 3172/2010 and respondent No. 9 in WP(C) 5770/2010, Mr. A. Bhuyan and Mr. U. Rajbongshi, Advocates appearing for the Inland Water Transport Department, Government of Assam, and Mr. D. Saikia, Advocate appearing for the Anchalik Panchayat in both the proceedings. For the sake of convenience, the writ petitioner in WP(C) 3172/2010 would be referred to as the petitioner while traversing the pleadings on record.