Gauhati High Court
WP(C)/6644/2022 on 23 August, 2023
Page No.# 1/9
GAHC010206502022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WRIT PETITION (C) No. 6644/2022
1. Ratan Biswas, Son of Sri Nakhan Biswas, Resident of
Borpak, P.O.- Borpak, P.S.- Mayong, District- Morigaon,
Assam.
2. Sri Jatan Biswas, Son of Sri Nakhan Biswas, Resident
of Borpak, P.O.- Borpak, P.S.- Mayong, District-
Morigaon, Assam.
..................Petitioners
-Versus-
1. The State of Assam, represented by the Secretary to the
Government of Assam, Panchayat and Rural Development,
Dispur, Guwahati- 781006.
2. The Joint Secretary to the Government 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, Kamrup (M), P.O.- Panbazar,
P.S.- Panbazar, Guwahati, Assam.
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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. Sri Dilip Das, Moholdar, Borpak Parghat, Dimoria Anchalik
Panchayat.
.....................Respondents
With
WRIT PETITION (C) No. 6648/2022
1. Sri Prasanta Biswas, Son of Sri Jitendra Biswas,
Resident of Bordoloni, P.O.- Borpak, P.S.- Mayong,
District- Morigaon, Assam.
2. Sri Jayanta Biswas, Son of Sri Jitendra Biswas, Resident
of Bordoloni, P.O.- Borpak, P.S.- Mayong, District-
Morigaon, Assam.
..................Petitioners
-Versus-
1. The State of Assam, represented by the Secretary to
Page No.# 3/9
the Government of Assam, Panchayat and Rural
Development, Dispur, Guwahati- 781006.
2. The Joint Secretary to the Government 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, 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. Sri Thanuram Rongpi, Moholdar, Baha Parghat, Dimoria
Anchalik Panchayat.
.....................Respondents
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Advocates :
Petitioners : Mr. H.P. Nepal, Advocate.
Respondents : Mr. S. Dutta, Standing Counsel,
Panchayat and Rural Development Department
: Mr. S.S. Roy, Junior Government Advocate, Assam
Respondent no. 11
in W.P.[C] no. 6648/2022 : Mr. S. Banik, Advocate
Date of Hearing, Judgment & Order : 23.08.2023
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
JUDGMENT
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 & 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.
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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 dated
02.07.2001. 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 dated 02.07.2001 passed
by the Panchayat and Rural Development Department, Government of Assam, in
exercise of the powers conferred by the provision contained in sub-section [5]
of Section 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.
4. The two petitioners in the writ petition, W.P.[C] no. 6644/2022, are
inhabitants of areas within the territorial jurisdiction of Mayong Anchalik
Panchayat, District - Morigaon. They have canvassed that they are desirous of
participating in the bidding process for settlement of the said three parghats.
They have instituted the writ petition with the contention that despite the said
three parghats falling within the territorial jurisdiction of Mayong Anchalik
Panchayat, District - Morigaon, the authorities in Dimoria Anchalik Panchayat
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had proceeded with the bidding process for settlement of the said three
parghats. They have instituted the writ petition seeking setting aside of an
Order dated 27.09.2022 passed by the Chief Executive Officer, Kamrup [M] Zilla
Parishad whereby the parghat named Barpak Parghat has been settled in favour
of the respondent no. 11 therein. It is averred that the petitioner no. 1 along
with some others preferred a writ petition, W.P.[C] no. 4445/2021 against the
alleged inaction on the part of the respondent authorities in Morigaon Zilla
Parishad/Mayong Zilla Parishad in not taking effective action in determining the
territorial jurisdiction of the two districts, that is, [i] Kamrup [M] and [ii]
Morigoan over the said three parghats. It has been averred that by submitting a
Representation dated 22.02.2021 before the Panchayat and Rural Development
Department, they had sought for re-verification of the territorial jurisdiction of
the said three parghats as, according to them, they fall within the territorial
jurisdiction of Mayong Anchalik Panchayat, District - Morigaon. It transpires that
on receipt of the said Representation, the Government in the Panchayat and
Rural Development Department by its Communication dated 09.03.2021 asked
the Chief Executive Officer, Morigaon Zilla Parisad to furnish a detailed report
after re-verification of the territorial jurisdiction of the said three parghats.
5. In the other writ petition, W.P.[C] no. 6648/2022, the two petitioners who
are also inhabitants of areas within Mayong Anchalik Panchayat, District -
Morigaon, have raised similar issues. The petitioner no. 2 in W.P.[C] no.
4445/2021 is the petitioner no. 1 in this writ petition. They have challenged an
Order of settlement dated 27.09.2022 passed by the Chief Executive Officer,
Kamrup [M] Zilla Parishad whereby the parghat named Baha Parghat had been
settled in favour of the respondent no. 11 for the Panchayat Financial Year :
2022 - 2023, consequently upon initiation of a bidding process initiated by a
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Tender Notice dated 11.05.2022 inviting bids for settlement of the three
parghats. In this writ petition, the petitioners have referred to the statements
made in an affidavit-in-opposition filed by the Executive Officer, Mayong
Anchalik Panchayat in W.P.[C] no. 4445/2021. In the said affidavit-in-opposition,
it was averred that the whole of Kolong River falls within the jurisdiction of
Morigaon district. The petitioners have claimed that as the entire Kolong River
comes within the jurisdiction of Morigaon district, the three parghats are
required to be settled by the jurisdictional Anchalik Panchayat i.e. Mayong
Anchalik Panchayat, District - Morigaon.
6. During the pendency of the two present writ petitions, a joint field
verification on the instruction of the Panchayat and Rural Development
Department was carried out on 05.04.2023 with the participation of [i] the Circle
Officer, Mayong Revenue Circle; [ii] the Circle Officer, Sonapur Revenue Circle;
[iii] the Executive Officer, Mayong Anchalik Panchayat; and [iv] the Executive
Officer, Dimoria Anchalik Panchayat; along with the Land Records Staff of both
the Revenue Circles. The said team of officials submitted a Joint Verification
Report on 09.04.2023. A copy of the Joint Verification Report has been annexed
to the affidavit-in-opposition filed by the respondent no. 4 in the writ petition,
W.P.[C] no. 6648/2022.
7. As per the Joint Verification Report, which has been filed after verification
of the documents and map, the inter-district boundary line of Kamrup [M] and
Morigaon District falls in the centre line of Kolong River.
8. As per sub-section [1] of Section 106 of the Assam Panchayat Act, 1994,
all public ferries, other than Government ferries within the territorial jurisdiction
of an Anchalik Panchayat shall be settled in the manner prescribed for a period
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coinciding with and not exceeding one Panchayat Financial Year by inviting
tenders at the office of the Anchalik Panchayat by its President. As per sub-
section [4] of Section 106 of the Assam Panchayat Act, 1994, all settlements
made thereunder shall be subject to the confirmation of the Jurisdictional Zilla
Parishad. The first proviso to sub-section [4] of Section 106 has provided that in
case of any dispute the Anchalik Panchayat may refer such cases to the
Government and the aggrieved party may appeal to the Government whose
decision in this regard shall be final. The second proviso to Section 106[4] has
provided further that as and when deemed necessary, the Government may
intervene in the matter of a particular settlement and its decision in this regard
shall be final. The third proviso to Section 106[4] has provided further that the
State Government may issue order to Anchalik Panchayat for the settlement of a
public ferry falling within the jurisdiction of more than one Anchalik Panchayat
or Zilla Parishad.
9. By the Order dated 02.07.2001, the Government in the Panchayat and
Rural Development Department after verification of the records had already
directed in exercise of the powers conferred under Section 106 of the Assam
Panchayat Act, 1994, to the effect that the three parghats shall be settled by the
two Anchalik Panchayats - Mayong Anchalik Panchayat and Dimoria Anchalik
Panchayat - by rotation every year and the revenue earned from these parghats
shall be equally distributed between the two Anchalik Panchayats. Such direction
was made after reaching a finding that the inter-district boundary line of
Morigaon District and Kamrup [M] district fall on the centre line of River Kolong
and since the three parghats are in relation to River Kolong, the revenues
earned from them are to be shared equally, with each Anchalik Panchayat
getting the opportunity of settling the three parghats by rotation every year. The
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Joint Verification Report dated 09.04.2023 which has been submitted after a
field verification and verification of all the documents, has again reached the
same finding that the inter-district boundary line of Kamrup [M] district and
Morigaon district falls in the centre line of Kolong River. There is no challenge to
the power, authority and jurisdiction of the State Government to pass the Order
dated 02.07.2001, which had been passed under Section 106 of the Assam
Panchayat Act, 1994.
10. In view of such finding as regards the territorial locations of the three
parghats, there is no valid ground available for entertaining the two writ
petitions any further wherein the issue of such territorial jurisdiction has been
raised without any other prima facie cogent materials. Further, this Court does
not find any good and sufficient reason to depart from the view taken by the
Panchayat and Rural Development Department in its Order dated 02.07.2001. In
view of the above, both the writ petitions are dismissed. No cost.
JUDGE
Comparing Assistant
