GUWAHATI, India, Oct. 15 -- Gauhati High Court issued the following order on Sept. 15:

1. Heard Mr. A. M. Khan, the learned counsel appearing on behalf of the petitioner. Ms. M. D. Borah, the learned counsel appears on behalf of the respondents.

2. The petitioner herein is aggrieved by the cancellation of the lease granted to the petitioner vide the order dated 04.08.2025.

3. The case of the petitioner herein is that the Respondent Authorities, while issuing the impugned order dated 04.08.2025, relied upon certain grounds which were not the subject matter of the show cause notice, and as such, the impugned order dated 04.08.2025 is in violation of the principles of natural justice.

4. The materials on record show that the petitioner herein was issued a settlement order of Larkuchi-Kalachar-Majorchar Ferry Service for the period, i.e. the remaining period of 2024-25 w.e.f. the date of taking over by the lessee upto 31.03.2026. It is also relevant to observe that pursuant thereto, an agreement was entered into which was w.e.f. 01.04.2025 to 31.03.2026 at a total consideration of Rs.10,05,000/-.

5. On 19th of June 2025, an incident happened at the LarkuchiKalachar-Majorchar Ferry Route which resulted in fatal consequences. On the same date, a show cause notice was issued to the petitioner by the Director, Inland Water Transport, Assam alleging various violations. The petitioner, upon receipt of the said show cause notice, submitted a reply on 20.06.2025. There was no decision taken by the Respondent Authorities immediately thereupon, and as such, the petitioner requested for resumption of operation of the ferry service by the communication dated 07.07.2025. The petitioner thereupon was informed by the communication dated 02.08.2025 that the reasons assigned in the reply to the show cause notice were not found satisfactory and steps were being taken for the purpose of cancellation of the said lease due to dereliction of duty and failure to maintain safety standards. Subsequent thereto, on 04.08.2025, the impugned order was passed, and it is under such circumstances, the present writ petition has been filed.

6. The record reveals that this Court vide an order dated 22.08.2025, issued notice. Pursuant thereto, an affidavit-in-opposition was filed wherein the Respondent Authorities duly supported the impugned order. A perusal of the said affidavit-in-opposition shows that pursuant to the show cause notice which was issued on 19.06.2025, an enquiry was conducted by the District Magistrate, Nalbari. On the basis of the said enquiry report, it was found that there were various lapses on the part of the petitioner. On the basis of the said lapses and taking into account the terms and conditions of the lease as well as the Proforma Form of Lease power driven major ferries as stipulated in the Control and Management of Ferry Rules, 1968, the petitioner was found to have violated Rules 6, 11 and 14 of the Proforma Lease, and it is under such circumstances, the impugned order dated 04.08.2025 was passed.

7. This Court has duly heard the learned counsels appearing on behalf of the parties and had also duly taken note of the pleadings and the documents enclosed thereto.

8. It appears from the pleadings, more particularly, the affidavit-inopposition filed by the Respondent Authorities, that the Respondent Authorities have taken into consideration various aspects of the matter which were not the basis on which the show cause notice was issued.

9. This Court enquired with Ms. M. D. Borah, the learned standing counsel for the Respondent Authorities as to why the basis of cancellation of the lease is different from the allegation made in the show cause notice.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5qnGIw5S0%2BDBAIXDZisJ9wCRB4EAm0qwHYXoHVWvvOh&caseno=WP(C)/4797/2025&cCode=1&cino=GAHC010187212025&state_code=6&appFlag=)

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