RATAN BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.P. Nepal, learned counsel for the petitioners in both the writ petitions; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 4 and 5; and Mr. S. Banik, learned counsel for the respondent no. 11 in W.P.[C] no. 6648/2022.

(2.) In these two writ petitions instituted under Article 226 of the Constitution of India, the issues raised are in relation to three parghats, viz. [i] Baha Ferry Ghat; [ii] Barpak Ferry Ghat; and [iii] Theng Bhanga Ferry Ghat which are on the two sides of River Kolong. One of the issues raised is whether the said three parghats fall within the territorial jurisdiction of Morigaon district, more particularly, within the territorial jurisdiction of Mayong Anchalik Panchayat or within the territorial jurisdiction of Kamrup [M] district, more particularly, within the territorial jurisdiction of Dimoria Anchalik Panchayat.

(3.) On an earlier point of time, similar disputes as regards the location of the said three parghats arose and the matter was dealt by the Panchayat and Rural Development Department, Government of Assam culminating in an Order dtd. 2/7/2001. The authorities from Mayong Development Block, Morigaon district and Dimoria Development Block, Kamrup [M] district were heard. When the authorities from the Mayong Development Block, Morigaon district and the Dimoria Development Block, Kamrup [M] district had made respective claims to the effect that the three parghats fall within their respective territorial jurisdiction, the trace map and other records were verified. After verification of the records, it was found that an inter-district boundary line of the two districts falls on the centre line of River Kolong. By the Order dtd. 2/7/2001 passed by the Panchayat and Rural Development Department, Government of Assam, in exercise of the powers conferred by the provision contained in sub-sec. [5] of Sec. 106 of the Assam Panchayat Act, 1994, the matter was disposed of with a direction that the three parghats shall be settled by the two Anchalik Panchayats - Mayong Anchalik Panchayat and Dimoria Anchalik Panchayat - by rotation every year. It was further observed that the revenue earned from the three parghats shall be equally distributed between the two Anchalik Panchayats.