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PRINCIPAL SEAT AT GUWAHATI
NAZIM UDDIN @ NASIM UDDIN – Appellant
Versus
THE STATE OF ASSAM AND 8 ORS – Respondent


ORDER

29.05.2023 Date :

Heard Mr. S. Haque, learned counsel for the petitioner. Also heard Ms.

M.D. Bora, learned standing counsel for the Transport Department, representing respondent nos. 1 and 2, Mr. P. Handique, learned counsel appearing on behalf of Mr. K. Konwar, learned senior standing counsel for the Panchayat Department, representing respondent nos. 4, 5 and 6 and Mr. K. Gogoi, learned Govt.

advocate appearing for respondent nos. 7 and 8.

2. The learned counsel for the petitioner has submitted that the petitioner was settled with Dubachuri-Dangipara Parghat for the year 2018-19. However, by an order dated 07.09.2018, the authorities of Inland Water Transport had suspended the plying of all private mechanized boats in all ferry services within the State of Assam. Accordingly, the petitioner claims that he was able to operate the Parghat only for about one and half months. It is submitted that although the respondent authorities in the Panchayat Department were aware that the petitioner could not operate the Parghat for the entire tenure, they had initiated a certificate proceeding (Bakijai Proceeding) before the Court of Certificate Officer, Addl. Deputy Commissioner, Bongaigaon

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