WP(C) 1540/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. R Ali, learned counsel appearing for the petitioner. Also heard Mr. R Tanti, learned standing counsel for the Inland Water Transport (hereinafter refe rred to as ’the IWT’). This matter pertains to Kirakara-Chandrapur-Panikhaiti-Gabardhana and Kalongpar Commercial Cargo cum Passenger Ferry Service (Ghat). The petitioner was settled with the said ferry service for a period of one year by order dated 4.11.2008 pa ssed by the Directorate, IWT, Assam. The same ferry service was also settled in favour of respondent No.5 Dipak Kalita by order passed on 22.12.2008 by the Chie f Executive Officer, Kamrup (Metro) Zilla Parishad. Since two authorities were making settlement of the same ferry service, instruct ion was directed to be obtained as to whether the ferry service is a notified fe rry service which would enable the IWT Directorate to make the settlement. Mr. Tanti, learned counsel for the IWT Directorate submits that although ther e was an earlier notification dated 6.9.2007 which enabled the IWT Directorate to settle the ferry service, by a subsequent notification dated 30.1.2009, the ferry service has been withdrawn from the purview of settlement of the IWT Dire ctorate. Accordingly, Mr. Tanti submits that the appropriate authority to make t he settlement of this ferry service is an Authority under the Panchayat Act and the IWT Directorate has nothing to do with the settlement of the Ferry. Therefore, the settlement made on 4.11.2008 in favour of the petitioner by the I WT Directorate is not legally tenable as the said authority did not have the pow er to give settlement of the ferry service in question. In view of above, Mr. R Ali, learned counsel for the petitioner submits that sin ce he already deposited Rs.1,30,750/- after getting settlement of the ferry serv ice, the said amount should be refunded to him as the ferry service was managed by the respondent No.5 on the strength of the settlement order made on 20.12.200 8 by the Chief Executive Officer, Kamrup (Metro) Zilla Parishad. Accordingly, this writ petition is disposed of by permitting the writ petitioner to make an application before the IWT Directorate for getting proportionate ref und of the lease amount. On receipt of such an application, the IWT Directorate would take necessary steps to refund to the writ petitioner, the proportionate a mount as the writ petitioner was able to operate the ferry service, only for a f ew days on the strength of the settlement order dated 4.11.2008 issued by the IW T Directorate. Necessary steps in this regard would be taken within 4 days. This petition stands disposed of accordingly.