JAYANTA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Proclaimed supremacy of the state in the domain of ferry settlement to the complete exclusion of the Panchayat Institutions and other Bodies and consequential settlement orders demonstrative of such assertion, constitute the driving cause of the present lis. The Anchalik Panchayats, particularly affected, feeling legally slighted by the resultant denudation of their statute conferred power in the related field and supersession of their awarded settlements seek redress. The beneficiaries of the settlements handed out by both the camps, to protect their interests, have joined the fray. The central theme being common, the contextual facts though marginally differ, the petitions were analogously heard and deserve to be disposed of by a common judgment and order.

(2.) I have heard Mr. AK Goswami and Mr. D. Saikia, Advocates for the petitioners and Mr. AC Buragohain, Additional Advocate General, Assam and Mr. P. Borah, for the State respondents. Mr. I. Choudhury, Mr. D. Mazumdar and Mr. MH Choudhury, advocates supported the cause of the private respondents.

(3.) The factual prologue sans unnecessary details provides the background. Three sets of petitions are involved. Essentially, therefore, the related facts have to be narrated individually. WP(C) 7945/03. WP(C) 9279/03 & WP(C) 1585/04