WP(C) 3195/2008 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY The petitioners, who have been settled with the Ferry Services by the Di rector of Inland Water Transport, Assam, upto 30.09.08 by the present petition have challenged the Notice Inviting Tender dated 07.07.2008 basically on the gro und that during continuance of their period of settlement, no NIT could be float ed by the Zilla Parishad. I have heard Mr. A.K.Goswami, learned Senior Counsel appearing f or the petitioner, Mr.R.Tanti, learned Standing Counsel for Respondent Nos. 1, 3 and 4; Mr. HRA Choudhury, learned Senior Counsel appearing on behalf of the imp leaded respondent Nos. 7, 8 and 9; Mr. H.Rahman, learned counsel for the Respond ent Nos. 5 and 6 and also heard Ms. R. Chakraborty, learned State Counsel appear ing for Respondent No.2. Mr.R.Tanti, learned Standing Counsel for Inland Water Transport Department has submitted that till date the Ferry service in question has not be en notified by the Government of Assam as required under Section 4 of the Northe rn India Ferry Service Act, 1887, for which the Director, Inland Water Transport Corporation has no power and authority to settle the ferry service in question. Mr. A.K.Goswami, learned Senior Counsel, however, has contended that since the settlements upto the period ending on 30.9.2008 have not been cha llenged by any one, the claim in the present writ petition is to allow them to c ontinue with the settlement till that date only and therefore the NIT dated 07.0 7.08 which has been floated by the Zilla Parishad may be given effect to, with e ffect from 01.10.2008. Mr.HRA Choudhury, learned Senior Counsel appearing for the Respo ndent Nos. 7 to 9 has submitted that since there is no notification issued under Section 4 of the Northern India Ferries Act, 1887, it is the Panchayat authorit ies vested with the power of settlement under Section 106 of the Assam Panchayat Act, 1994, which, however, has not been disputed by the learned counsel appeari ng on behalf of the Respondent Nos. 1, 3 and 4 as well as learned counsel appear ing for the Respondent Nos. 5 and 6. In view of the aforesaid submissions, the present writ petition is disposed of with direction to allow the petitioners to manage the ferry servi ces in question upto 30.09.2008, since their orders of settlement are not in cha llenge. There shall, however, be no order extending the period of such settlemen t, as admittedly the Director, IWTC has no power and authority to settle the fer ries in question without there being a notification under Section 4 of the North ern India Ferries Act, 1887. The tender process initiated pursuant to the NIT da ted 07.7.2008 issued by the Zilla Parishad shall be finalized. However, the auth ority shall settle the ferry service in question in terms of the provisions cont ained in the Assam Panchayat Act, 1994 as well as the NIT, with effect from 01.1 0.2008. The writ petition is accordingly disposed of. The interim order passed earlier stands vacated.