GUWAHATI, India, Oct. 27 -- Gauhati High Court issued the following order on Sept. 26:

1. Heard Mr. P. K. Roychoudhury, the learned counsel appearing on behalf of the Petitioner and Ms. M. D. Borah, the learned Standing counsel appearing on behalf of the Transport Department.

2. The Petitioner herein is aggrieved by the communication dated 17.05.2025 issued by the Additional Secretary to the Government of Assam, Transport Department whereby it was opined that the lease agreement should be terminated. The Petitioner is also aggrieved by the Speaking Order dated 19.05.2025 whereby the lease of Sunari Paglababathan Dudhnath Ferry Service made in favour of the Petitioner was terminated with immediate effect and directions were issued to urgently initiate re-tender process for settlement of the Sunari Paglababathan Dudhnath Ferry Service.

3. The issue which arises for consideration is as to whether the present case is a fit case for exercise of the powers of judicial review by this Court.

FACTS OF THE CASE:

4. A perusal of the writ petition reveals that the Executive Engineer Inland Water Transport Division, Guwahati had issued a Notice Inviting Tender on 13.02.2024 for leasing out the Sunari Paglababathan Dudhnath Ferry Service (for short 'the ferry service in question') for the remaining period of 2024- 2026 w.e.f. the date of taking over by the lessee up to 31.03.2026. The Petitioner along with various other bidders participated in the said tender process. Vide a communication dated 30.08.2024 issued by the Joint Secretary to the Government of Assam, Transport Department to the Director, Inland Water Transport, Assam, Ulubari the decision of the Governor of Assam was conveyed to the effect that the settlement of the ferry service in question be made with the Petitioner for the remaining period of 2024-26 w.e.f. the date of taking over by the lessee up to 31.03.2026 at an amount of Rs.7,07,786/- only per year basis under the provision of Rule 4(1) of the Control and Management of Ferries Rules, 1968 (for short 'the Rules of 1968') subject to certain conditions mentioned therein. It was further mentioned in the said communication that the lease agreement be executed before handing over the charge of the ferry service.

5. At this stage, it is pertinent to mention that during the course of hearing, it was submitted at the Bar that there was a mistake in mentioning the amount in the communication dated 30.08.2024 inasmuch as the amount at which it was fixed per year was Rs.17,07,786/- and not Rs.7,07,786/-.

6. Subsequent thereto, the Director, Inland Water Transport, Assam informed the Executive Engineer vide a communication dated 01.09.2024 about the Government's decision. It was specifically mentioned in the said communication dated 01.09.2024 that the lease agreement be executed with the lessee before handing over the ferry service in question failing which the charges of the ferry services should not be handed over to the lessee. It was also mentioned that in no case, the ferry sublet is permitted as per the Rules of 1968. A copy of the said communication dated 01.09.2024 was also marked to the Petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2Yvkdico7NpS59ddVVklWRF8eiViJRnzdnyV%2FYF%2BVpK&caseno=WP(C)/5768/2025&cCode=1&cino=GAHC010219702025&state_code=6&appFlag=)

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