Gauhati High Court
Ruli Ahmed vs The State Of Assam And 3 Ors on 29 April, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010069552022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2527/2022
RULI AHMED
D/O- ABDUR RASHID, R/O- NAMSIM HOUSING COMPLEX
NILOMONI PHUKAN PATH, CHRISTIAN BASTI, DIST- KAMRUP (M), PIN-
781005, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-6
2:THE SECRETARY
TO THE GOVERNMENT OF ASSAM
TRANSPORT DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE DIRECTOR
INLAND WATER TRANSPORT
ULUBARI
GUWAHATI-781007
4:GIRIN CHUTIA
R/O- SILPUKHURI
GUWAHATI 781003
DIST- KAMRUP (M)
ASSAM
THROUGH THE DIRECTOR
INLAND WATER TRANSPORT
ULUBARI
Page No.# 2/5
GUWAHATI-78100
Advocate for the Petitioner : Mr. A Baruah
Advocate for the Respondent : SC, TRANSPORT
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 29/04/2022 Heard Mr. K P Pathak, learned counsel for the petitioner and Ms. M D Borah, learned Standing counsel, Transport Department for the respondent Nos. 1, 2 & 3.
Mr. D K Baidya, learned counsel has entered appearance on behalf of the respondent No. 4 by filing Vakalatnama.
The petitioner and the respondent authorities executed an agreement on 01.06.2016 for hiring out the Pantoon Ding Dinga Vessel for a period of 15 years and the term of the said agreement has come to an end on 31.05.2021.
The petitioner has filed this writ petition on 05.04.2022 praying amongst others to admit this petition, call for the records and to issue a Rule calling upon the respondents to show cause as to why:
(i) Issue a writ in the nature of certiorari setting aside the impugned letter No.DWT(C)-
130/30/Pt-I/368 dated 30.03.2022 (Annexure-N, to this petition) issued by the Director, Inland Water Transport, Assam and/or;
(ii) Issue a writ in the nature of Mandamus to the respondent authorities to recall/rescind/forebear from giving effect to the impugned letter No. DWT (C)- 130/30/Pt-I/368 dated 30.03.2022 (Annexure-N to this petition) issued by the Director, Inland Water Transport, Assam and/or;
(iii) Issue a writ in the nature of Mandamus to the respondent authorities to allow the Page No.# 3/5 petitioner to continue her possession of the Pontoon "Ding-Dinga" at the same earlier terms and conditions with the interim prayer that during the pendency of this petition, the Court may be pleased to stay the operation of the impugned letter No. DWT (C)- 130/30/Pt-I/368 dated 30.03.2022 (Annexure-N to this petition) issued by the Director, Inland Water Transport, Assam and/or pass such other or further order/s as this Court may deem proper in the facts of the case.
The petitioner has also prayed for an interim order to stay the impugned letter No. DWT (C)- 130/30/Pt-I/368 dated 30.03.2022 (Annexure-N to this petition) issued by the Director, Inland Water Transport, Assam and/or pass such other or further order/s as this Court may deem proper in the facts of the case.
Petitioner earlier preferred WP(C) No. 1943/2021, which is presently pending for adjudication, praying amongst others to admit the said petition, call for the records of the case and to issue Rule calling upon the respondents to show-cause as to why a writ in the nature of:
A. Certiorari shall not be issued to set aside and quash the impugned decision communicated vide letter No. TWT.8/98/221 dated 15.12.2020 of the Government of Assam in the Transport Department, whereby the request of the petitioner for extension of the hiring period of the Pontoon Ding Dinga has been rejected and, B. Certiorari shall not be issued to set aside and quash the impugned letter bearing No.DWT(C)-130/30/Pt-I/109 dated 25.01.2021 (Annexure-14) and, C. Mandamus shall not be issued directing the respondent authorities to reconsider the prayer of the petitioner for extension of the hiring period of Pontoon Ding Dinga by taking into account the fact that the petitioner has incurred expenditure amounting to Rs.86 Lakhs for repairing the said vessel, and D. Mandamus directing the respondent authorities not to allow any other party to run the Pontoon Ding Dinga pending reimbursement of the petitioner's dues amounting to Rs.86 Lakhs (Rupees Eighty Six Lakhs) only and upon causes being shown be further pleased to make the Rule absolute and/or pass such other order(s) as Your Lordships may deem fit and proper to grant adequate relief to the petitioner.
Pending disposal of said WP(C) No. 1943/2021, petitioner also prayed for an adequate interim Page No.# 4/5 relief, directing the respondent authorities in the Inland Water Transport, Assam to allow the petitioner to run the Pontoon Dingdinga till her dues are met and/or be pleased to pass such other orders as the Court may deem fit and proper.
During pendency of the said WP(C) No. 1943/2021, the respondent in the Transport Department on 18.12.2021 issued NIT for hiring the said Pontoon Ding Dinga Commercial Vessel of the IWT, without any crew, process of which is already completed.
As such, the Director, Inland Water Transport, Assam on 30.03.2022 issued the communication No. DWT (C)-130/30/Pt-I/368 (Annexure-N to this petition) to the petitioner for handing over the said Pontoon Ding Dinga Vessel to one of the personnel of the Inland Water Transport Division, Guwahati, named in the said communication, at the earliest possible time.
As the petitioner is still in possession of the said Pontoon Ding Dinga Commercial Vessel, being aggrieved with the said impugned communication dated 30.03.2022 of the Director, Inland Water Transport, Assam, noted above, the petitioner has preferred this writ petition.
During the deliberation of the matter, Ms. M D Borah, learned Standing counsel, Transport Department placed a copy of the communication No. DWT(C)- 130/30/Pt-I/463 dated 11.04.2022 issued by the Director, Inland Water Transport, Assam, whereby the said authority had withdrawn its earlier communication No. DWT (C)-130/30/Pt-I/368 dated 30.03.2022 (Annexure-N to this petition) impugned in this writ petition till finalization of the Court proceeding in WP(C) No. 1943/2021.
In view of the above, the prayer Nos. (i) & (ii) made in this petition have become infructuous.
Further, it is to be noted herein that this Court by order dated 28.05.2021 passed in WP(C) No. 1943/2021 observed that the petitioner shall continue to operate the said vessel, i.e., Pontoon Ding Dinga even after 31.05.2021 on the same earlier terms and conditions until further order and the said observation made in WP(C) No. 1943/2021 on 28.05.2021 is still in force.
As such, the prayer No. (iii) made by the petitioner in this writ petition "allowing her to continue with the possession of said Pontoon 'Ding-Dinga' at the same earlier terms and conditions", which is similar to the prayers made in WP(C) No. 1943/2021 and the observation made by this Court earlier on 28.05.2021 in WP(C) No. 1943/2021, as noted above, has also become infructuous.
For the reasons above, this writ petition, being infructuous stands dismissed.
Page No.# 5/5 Copy of the communication No. DWT(C)- 130/30/Pt-I/463 dated 11.04.2022 issued by the Director, Inland Water Transport, Assam, placed before the Court today by Ms. M D Borah, learned Standing counsel, Transport Department be kept as a part of the record.
JUDGE Comparing Assistant