Gauhati High Court
WP(C)/5281/2026 of HAZRAT ALI Vs THE STATE OF ASSAM AND 3 ORS on 27 September 2026
GAHC010212012026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5281/2026 HAZRAT ALI S/O LATE AHAMMOD ALI, VILLAGE UDHALBHETI, P.O. BHURAGAON, P.S. BHURAGAON, DISTRICT MORIGAON, ASSAM, PIN 782121 VERSUS THE STATE OF ASSAM AND 3
GAHC010212012026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5281/2026
HAZRAT ALI
S/O LATE AHAMMOD ALI, VILLAGE UDHALBHETI, P.O. BHURAGAON, P.S.
BHURAGAON, DISTRICT MORIGAON, ASSAM, PIN 782121
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI, PIN 781006.
2:THE DIRECTOR
INLAND WATER TRANSPORT
ASSAM
ULUBARI
GUWAHATI
PIN-781007
3:THE EXECUTIVE ENGINEER
INLAND WATER TRANSPORT DIVISION
ULUBARI
GUWAHATI
ASSAM
PIN-781007
4:JAMAT ALI
SON OF BADU SHEIKH
VILLAGE-2 NO. MAGURMARI
P.O AND P.S DHULA
DIST. DARRANG
ASSAM
PIN-78414
For the Petitioner(s) : Mr. A. M. Ahmed, Advocate For the Respondent(s) : Ms. M. D. Borah, SC, IWT
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
28.09.2026
Heard Mr. A. M. Ahmed, the learned counsel appearing on behalf of the Petitioner. Ms. M. D. Borah, the learned Standing Counsel for the Inland Water Transport Division appears on behalf of the Respondent Nos.1 to 3.
2. The present writ petition has been filed by the Petitioner being aggrieved by the action on the part of the Respondent Authorities in granting a short term settlement to the Respondent No.4 in respect to the ferry service, namely, Chutiagaon–Dimburchar from 15.09.2026 to 30.09.2026 and further not completing the re-tender process. It is the further case of the Petitioner that the impugned Office Order dated 15.09.2026 issued by the Executive Engineer, Inland Water
Transport Division be set aside and quashed.
3. This Court has given an anxious consideration to the materials on record and as on the date on which the present proceedings is being taken up, i.e. on 28.09.2026, only two more days are left. At this juncture, if this Court interferes with the said Office Order dated 15.09.2026, it may result in a chaotic logistical problem. Under such circumstances, this Court, therefore, is not inclined to interfere with the impugned order dated 15.09.2026 with a further direction that there shall be no further continuation or extension be granted.
4. Ms. M. D. Borah, the learned Standing Counsel appearing on behalf of the Inland Water Transport Division submitted that in respect to the Re-Tender Notice dated 28.07.2026, more particularly in respect to the ferry service which is the subject matter of the present proceedings, the Technical as well as the Financial Bids are yet to be opened. She, therefore, submitted that some more time may be required.
5. Considering the above, this Court, therefore, disposes of the instant writ petition with the following observations and directions:-
(i) The impugned order dated 15.09.2026 whereby the Respondent No.4 was permitted to run the ferry service in question for the period from 15.09.2026 to 30.09.2026 is not interfered with. However, this Court specifically directs that there shall be no further extension to be granted.
(ii) This Court also directs that in the meantime, the Respondent Authorities shall take effective steps for taking an early decision in respect to the Re-Tender Notice which was issued on 28.07.2026 so that the final annual settlement can be carried out as soon as possible.
(iii) This Court further directs that in the meantime, from 01.10.2026 till the final settlement is not granted, the Respondent Authorities shall only run the ferry service in question Departmentally.
6. The instructions which have been placed before this Court are kept on record and marked with the letter 'X'.
JUDGE Comparing Assistant