WP(C) 4400/2007 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Considering the facts involved and the issue raised in the writ petition s, they have been heard together and are being disposed of by this common order. The subject matter in question is the operation of the different ferry g hats which the Inland Water Transport Department (IWTD) terms as operation of Ca rgo-cum-Passenger ferry service. In this connection, Mr. R. Tanti, learned S.C., Transport Department has produced a notification dated 06.09.07 issued by the G ovt. of Assam in the Transport department permitting the Director, IWT to settle the Cargo-cum-Passenger service either directly or by calling tender. By the sa id notification, the Govt. approved the operation of Cargo-cum-Passenger Service as per the terms and conditions laid down in the enclosed agreement. On the other hand, learned counsel appearing for the writ petitioners su bmit that the power and jurisdiction conferred on the Anchalik Panchayat by the provision of Assam Panchayat Act, 1994 cannot be superseded in the manner and me thod by which same has been sought to be done by the IWT Dept. In this connectio n, they have placed reliance on the decision of this Court as reported in 2006 ( 3) GLT 844 (Jayanta Borah and others vs. State of Assam and others). In the said judgment this Court has held that the Panchayat Act being a complete Code by it self, the statutory provision thereof cannot be set at naught by executive fiat . It has been held that any Cabinet memorandum and for that matter the office me morandum involved therein cannot be conceded a status or potential to extermina te living statutory provisions covering the filed. As per the written instruction furnished to Ms. R. Chokraborty, learned State co unsel by the Deputy Commissioner, Barpeta by his letter dated 07.09.07, such of the ferry services in respect of which there is no Govt. notification conferrin g the power to the IWT to run the same, it is the Anchalik Panchayat which is ve sted with the power to run the same. The Deputy Commissioner has also referred t o the order dated 23.01.06 passed by this Court in Misc. case No. 94/2006 in W.P .(C) No. 1745/05 by which this Court noticing that where there is no Govt. notif ication in respect of the particular ferry services, it is the Anchalik Panchaya t which is competent to run the same. However, learned counsel for the parties h ave not been able to say anything as to what is the final outcome of the writ pe tition. Considering the above controversy, it will be appropriate for the Govt. of Assam to resolve the issue once for all. The Chief Secretary and/or Addl. Chi ef Secretary, Govt. of Assam shall take on record the necessary materials and sh all pass appropriate order considering the relevant factors and also the discuss ions made above. Entire exercise shall be carried out as expeditiously as possib le but not later than 29.02.08. Till then, the status quo as on today in respect of running the affairs of the ferry services shall be maintained. A copy of the order shall be furnished to Ms. R. Chokraborty, learned State counsel for her n ecessary follow up action.