Petitioner challenged suspension of ferry operations in 2018 and non-return of deposited fees. Court dismissed petition in 2022 due to significant inordinate delay after the alleged wrong, noting dismissal doesn't bar fresh representations.
None. Petition dismissed on grounds of delay and latches.
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GAHC010066352022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2471/2022
TOTA MIYA S/O- LATE CHERAK ALI R/O- VILL NAPARA KATHAL GURI P.S- CHAYGAON DIST- KAMRUP (R),ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-6
2:THE DIRECTOR OF INLAND WATER TRANSPORT DEPARTMENT GUWAHATI-07 ASSAM 3:THE DEPUTY COMMISSIONER KAMRUP (R) DIST- KAMRUP (R) AMINGAON ASSAM
4:THE EXECUTIVE ENGINEER OF INLAND WATER TRANSPORT DEPARTMENT GUWAHATI-07 ASSA
Advocate for the Petitioner : MR. A AHMED
Advocate for the Respondent : SC, IWT
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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 05.04.2022
Heard Mr. JP Kachari, learned counsel for the petitioner. Also heard Ms. MD Borah, learned counsel for respondent Nos.1, 2 & 4 and Mr. B Deuri, learned counsel for respondent No.3.
The instant writ petition has been initiated at the behest of the petitioner on the ground that the petitioner was temporarily permitted to operate for a period of 1 month with effect from 01.09.2018 to 30.09.2018 and for which the petitioner deposited an amount of Rs.57,000/- before the competent authority but it is the case of the petitioner that the Director, IWT, Division Ulubari, Assam had suspended the operation of the ferry service with effect from 07.09.2018 without any valid reason, as a result of which , the petitioner could not operate the ferry service for a period of 6 (six) days due to which he incurred heavy losses. Surprisingly, the petitioner wakes up in the year 2022 and submits two representations dated 15.02.2022 and 24.03.2022 requesting the Director IWT Division, Ulubari to return the kist money or to issue temporary operation order in his favour for another 24 days. The respondents having not considered the representation the petitioner is before this Court.
I have perused the writ petition and also the materials on record. Taking into consideration that the actions of the petitioner suffers from delay and latches inasmuch as, in respect to the loss which had purportedly suffered by the petitioner for a period from 01.09.2018 to 30.09.2018, the petitioner had submitted a representation in the month of February and March 2022 and thereupon has approached this Court.
As this Court is of the opinion that the petitioner’s action suffers
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from delay and latches, this writ petition is not entertained and consequently, the instant writ petition stands dismissed.
Dismissal of the writ petition on the ground of delay and latches shall not be a bar for the authorities to consider the representation if the law permits.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a writ petition complaining of loss due to suspension of ferry service after a long delay can be entertained?
Whether the petitioner's cause of action accruing in 2018 justifies dismissal in 2022 on grounds of delay and latches?
TOTA MIYA
THE STATE OF ASSAM AND ORS
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
