ORDER :

The present case is taken up through video conferencing.

2. The instant writ petition has been preferred for quashing and setting aside the orders as contained in memo no. 1541 and memo no. 398 both dated 11.06.2020 passed by the Secretary, Department of Transport, Government of Jharkhand and the Deputy Commissioner, Sahibganj (respondent no.2) respectively whereby the petitioner has been restrained from plying vessels between Samda ghat (Sahibganj district) to Manihari ghat (Katihar district of the State of Bihar) on National Waterway No.-1 (hereinafter to be referred as ‘NW-1’). Further prayer has been made for issuance of direction upon the respondents to immediately and forthwith grant/issue orders for restarting the operations of the petitioner's vessels from Samda Ghat at Sahibganj (Jharkhand) to Manihari Ghat at Katihar (Bihar) and also to allow it to set up its own temporary facility for operations of loading and unloading at Samda Ghat, Sahibganj on payment of fees, if any, payable under law to the concerned authority.

3. The factual matrix of the case as stated in the writ petition is that the petitioner- M/s Jai Bajrang Walee Stone Works is engaged in the business of stone materials and waterways transport on NW-1 for transporting materials inter-state through its vessels. The petitioner applied for permission before the respondent no. 4- Inland Waterways Authority of India (IWAI) to ply its vessels between Samda Ghat (Sahibganj , Jharkhand) and Manihari Ghat (Katihar, Bihar) on NW-1 for moving cargo, primarily stone materials and the competent authority of the respondent no. 4, vide its letter no. 45 dated 12.04.2017, granted 'No Objection Certificate' to the petitioner for the said purpose with a direction to seek necessary permission from other concerned authorities/bodies as required and to deposit waterways user charges as per gazette notification whenever movement takes place. However, the Deputy Commissioner, Sahibganj (the respondent no. 2) issued an order as contained in memo No. 464 dated 30.05.2017 restraining the petitioner from plying its vessels on NW-1 alleging that it was plying vessels on NW-1 illegally without obtaining permission of the said respondent as required under law and further that the same was also causing loss to the state revenue. The Member (Traffic) of the respondent-IWAI, vide letter no. 32/2017 dated 28.07.2017, informed the Chief Secretary, Government of Jharkhand that the permission was already granted by the respondent-IWAI to the petitioner to ply its vessels for transporting cargo on NW-1 and requested the Chief Secretary, Government of Jharkhand to issue necessary directions to the concerned authorities to permit the petitioner to operate its vessels between Samda Ghat to Manihari Ghat as Roll-on/Roll-off (Ro-Ro) operation was one of the most crucial and visible components of inland water transportation and also that Government of India was giving emphasis on development of inland waterways transport in the country. Thereafter, the Joint Commissioner, Transport, Government of Jharkhand, vide letter no. 1070 dated 02.08.2017, directed the respondent no.2 to grant necessary permission to the petitioner for plying its vessels. The Divisional Commissioner, Santhal Pargana Division, Dumka, vide memo no. 04 dated 10.01.2018, mentioned about discussions in a meeting held at Patna on 11.12.2017 with the officials of the respondent- IWAI, wherein the Project Oversight Committee constituted for project development of Waterways, considered the petitioner's request to operate its vessels from private land/ghat of both sides of river Ganga situated in the State of Bihar and Jharkhand on payment of requisite fees and accordingly directed the respondent no. 2 to permit the petitioner to ply its vessels/barges on the NW-1, i.e. between Samda Nala/Ghat at Sahibganj, Jharkhand and Manihari Ghat at Katihar, Bihar as well as from Samda Ghat, Sahibganj to different places in a smooth and eff