WP(C) 42/2011 BEFORE HON’BLE MR.JUSTICE T.NK SINGH Earlier order of this Court dated 05.01.2011 passed in the present writ petition read as follows: Heard Mr.BK Das, learned counsel for the petitioner. The grievance of the petitioner, in the present petition, is that though Dibrugarh-Badarur ferry ghat was settled with him by the Chief Executive Office r of Dibrugarh zilla parishad by the order dated 30 December 2008 and pursuant t o which the entire amount of Rs.51,200/-(Rupees fifty one thousand) only was dep osited by him, he could not run the said service since the possession has not be en handed over to him as the settlement was made by Inland Water Department. According to the petitioner, though he filed a representation claiming r efund of the said amount, the same has not been acceded to till date. Mr.G.Soren, learned State counsel appearing for the respondent Nos.1 & 2 , shall obtain necessary instruction from the zilla parishad, for which time til l 21 January 2011 is granted. List for motion hearing on 21 January 2011. Till date, the State respondents could not get instruction. In t he given case, there is no point in lingering the present writ petition, accordi ngly, this writ petition is taken up for disposal at this stage. Heard Mr.BK Das, learned counsel for the petitioner and Mr.P.Roy , learned senior GA appearing for the respondents. The facts leading to filing of the present writ petition is very short and simple. The petitioner has been carrying business of plying motorboat on the river Brahmaputra since the year 1996. Vide settlement order of the Chie f Executive Officer, Dibrugarh Zilla Parishad being No.DZP.122/2008-09/8 dated 3 0.12.2008, the Dibrugarh Badarpur Ferry Ghat was settled with the petitioner for an amount of Rs.51,200/- only for a period from 01.01.2009 to 30.06.2009 (six m onths) and authorized to collect tax/toll charges in the Dibrugarh Badarpur Ferr y Ghat at the approved rate of the Zilla Parishad w.e.f. 01.01.2009 to 30.06.200 9. For easy reference, the said order dated 30.12.2008 is quoted hereunder: No.DZP.122/2008-09/8 Date 30.12.08 O R D E R As approved Dibrugarh Badarpur Ferry Ghat is hereby settled with Sir Rana Pran G ogoi, s/o Late Siba Gogoi, Lezai Bordoibam, PO Lezai, Dibrugarh, Dist, Dibrugarh for an amount of Rs.51,200.00 (Rupees Fifty One Thousand Two Hundred) only for a period of 01.01.2009 to 30.06.2009 (Six Months). He is Authorized to collect T ax/Toll charge in the Dibrugarh Badarpur Ferry Ghat at the approved rate of the Zilla Parishad w.e.f. 01.01.2009 to 30.06.2009. A duly signed Deed of Agreement has to be submitted to this office. Sd/- Chief Executive Officer, Dibrugarh Zilla Parishad:: Dibrugarh. It is clear cut case of the petitioner in the present writ petit ion that in spite of the order dated 30.12.2008 passed by the Chief Executive Of ficer, Dibrugarh Zilla Parishad, Dibrugarh, possession of the Ferry was not hand ed over to the petitioner by the Dibrugarh Zilla Parishad and as a result, the p etitioner could not operate the ferry in pursuance of the said order dated 30.12 .2008. The petitioner also filed representation dated 25.02.2009 to the Chief Executive Officer, Dibrugarh Zilla Parishad to refund the said amount of Rs.51,200/- deposited by the petitioner as he could not run the ferry. As the Ch ief Executive Officer did not pay any heed to the said representation dated 25.0 2.2009, petitioner again filed another representation dated 03.06.2010, but as o n today, the said amount has not yet refund to the petitioner. The petitioner de posited the said amount of Rs.51,200/- for running the said ferry but petitioner could not run the ferry because of lapse on the part of the Zilla Parishad. For the foregoing reasons, this writ petition is disposed of by directing respondent No.2, the Chief Executive Officer, Dibrugarh Zilla Parishad to refund the said amount of Rs.51,200/- with interest of 9% per annum from the date of deposit of the said amount till the date of refund. It is made clear that respondent No.2 has to refund the said amo unt along with interest within one month from the date of receipt of this order. The writ petition is allowed to the extent indicated above.