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IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Matiyar Rahman s/o. Late Haji Mesher – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. termination of lease and violations of conduct. (Para 2 , 4 , 10 , 12) |
| 2. rules governing leases of ferry services. (Para 8 , 21 , 22 , 24 , 31) |
| 3. subletting and public safety considerations. (Para 11 , 30) |
| 4. judicial review on the cancellation of the lease. (Para 14 , 20 , 34) |
JUDGMENT :
DEVASHIS BARUAH, J.
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
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