Gauhati High Court
Ratan Biswas vs The State Of Assam And 10 Ors on 30 September, 2022
Page No.# 1/5
GAHC010206502022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6644/2022
RATAN BISWAS
SON OF SRI NAKHAN BISWAS,
RESIDENT OF BORPAK,
P.O.- BORPAK, P.S.- MAYONG,
DISTRICT- MORIGAON, ASSAM.
VERSUS
THE STATE OF ASSAM AND 10 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT,
DISPUR, GUWAHATI- 781006.
2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI- 781037.
4:THE DEPUTY COMMISSIONER
MORIGAON
P.O.
P.S. AND DISTRICT- MORIGAON
ASSAM.
5:THE DEPUTY COMMISSIONER
Page No.# 2/5
KAMRUP(M)
P.O.- PANBAZAR
P.S.- PANBAZAR
GUWAHATI
ASSAM.
6:THE MORIGAON ZILLA PARISHAD
REPRESENTED BY THE CHIEF EXECUTIVE OFFICER
MORIGAON ZILLA PARISHAD
P.O.
P.S. AND DISTRICT- MORIGAON
ASSAM.
7:THE KAMRUP(METRO) ZILLA PAIRSHAD
REPRESENTED BY THE CHIEF EXECUTIVE OFFICER
KAMRUP(M) ZILLA PARISHAD
DISTRICT- KAMRUP(M)
ASSAM.
8:THE CHIEF EXECUTIVE OFFICER
KAMRUP(M) ZILLA PARISHAD
DISTRICT- KAMRUP(M)
ASSAM.
9:THE MAYONG ANCHALIK PANCHAYAT
REPRESENTED BY THE EXECUTIVE OFFICER
MAYONG ANCHALIK PANCHAYAT
P.O. AND P.S.- MAYONG
DISTRICT- MORIGAON
ASSAM.
10:THE DIMORIA ANCHALIK PANCHAYAT
REPRESENTED BY THE EXECUTIVE OFFICER
DIMORIA
DISTRICT- KAMRUP(M)
ASSAM.
11:DILIP BORA
MOHOLDAR
BORPAK PARGHAT
DIMORIA ANCHALIK PANCHAYAT
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : SC, P AND R.D.
Page No.# 3/5
Linked Case : WP(C)/6648/2022
PRASANTA BISWAS AND ANR.
S/O. SRI JITENDRA BISWAS
R/O. BORDOLONI
P.O. BORPAK
P.S. MAYONG
DIST. MORIGAON
ASSAM.
2: JAYANTA BISWAS
S/O. LT. JITENDRA BISWAS
R/O. BORDOLONI
P.O. BORPAK
P.S. MAYONG
DIST. MORIGAON
ASSAM.
VERSUS
THE STATE OF ASSAM AND 10 ORS
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI-781006.
2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-781037.
4:THE DEPUTY COMMISSIONER
MORIGAON
P.O.
P.S. AND DIST. MORIGOAN
ASSAM.
5:THE DEPUTY COMMISSIONER
KAMRUP (M)
P.O. PANBAZAR
P.S. PANBAZAR
Page No.# 4/5
GUWAHATI
ASSAM.
6:THE MORIGAON ZILLA PARISHAD
REP. BY THE CHIEF EXECUTIVE OFFICER
MORIGAON ZILLA PARISHAD
P.O.
P.S. AND DIST. MORIGAON
ASSAM.
7:THE KAMRUP (M) ZILLA PARISHAD
REP. BY THE CHIEF EXECUTIVE OFFICER
KAMRUP (M) ZILLA PARISHAD
DIST. KAMRUP (M)
ASSAM.
8:THE CHIEF EXECUTIVE OFFICER
KAMRUP (M) ZILLA PARISHAD
DIST. KAMRUP (M)
ASSAM.
9:THE MAYONG ANCHALIK PANCHAYAT
REP. BY THE EXECUTIVE OFFICER
MAYONG ANCHALIK PANCHAYAT
P.O. AND P.S. MAYONG
DIST. MORIGAON
ASSAM.
10:THE DIMORIA ANCHALIK PANCHAYAT
REP. BY THE EXECUTIVE OFFICER
DIMORIA
DIST. KAMRUP (M)
ASSAM.
11:THANURAM RONGPI
MOHOLDAR
BAHA PARGHAT
DIMORIA ANCHALIK PANCHAYAT.
------------
Advocate for : MR S BORTHAKUR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 10 ORS
Page No.# 5/5
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
30-09-2022
Heard Shri S. Borthakur, learned counsel for the petitioner in WP(C) No.
6644/2022 and Shri S. Banik, learned counsel for the petitioner in WP(C)
No.6648/2022.
Both the petitioners have conflict of interest with regard to a Ferry Ghat.
Accordingly, the petitioner represented by Shri S. Borthakur, learned counsel, the Ferry
Ghat in question falls under the jurisdiction of Morigaon District. However as per Shri
S. Banik, the learned counsel for the petitioners in WP(C) No. 6648/2022, the Ferry
Ghat falls under the jurisdiction of the Dimoria Anchalik Panchayat.
It appears that the tussle between the parties is a long pending one and this
Court vide an earlier judgment dated 07.09.2022 had directed the respondent
authorities to resolve the matters and bring it to a logical conclusion.
For ready reference, the operative portion of the order dated 07.09.2022 passed
in WP(C) Nos. 4637/2022, 4445/2021 and 4186/2020 is extracted herein under
below:-
"9. We are unable to accept such objection of the writ petitioners in
WP(C)/4445/2021 and we leave it open to the respondent authorities to take their own
decision as per their wisdom as to whether to carry forward the tender notice and
bring it to its logical end or not. We are clarifying that there is no impediment of any
kind from any of the judicial orders of this Court restraining the respondents to further
carry forward the said notice but at the same time, we reiterate that it would be as per
the wisdom of the respondent authorities as to what is required to be done in the
matter."
Ms. N. Borah, learned Standing Counsel, P&RD submits that some time may be
given to take instructions regarding the steps taken pursuant to such direction.
List both these cases for Motion on 19.10.2022.
JUDGE
Comparing Assistant
