MC 2741/2007 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI This Misc. application has been filed seeking vacation/ modification/ al teration of the interim order dated 29.6.2007 by which the settlement of the fer ry in question made with the petitioner by the order dated 7.6.2007 passed by th e Director, IWT has been stayed by the Court. The applicants are the respondent Nos. 11 and 12 in the writ petition out of which this Misc. case has arisen. A perusal of the averments made in the writ petition would seem to sugge st that a notice inviting tender for settlement of the ferry was issued by the c oncerned Anchalik Panchayat on 2.6.2007 and while the aforesaid tender process w as underway, the impugned order of settlement was issued in favour of the applic ants by the order dated 7.6.2007. The averments made in the writ petition furthe r disclose that it is the contention of the petitioner that the ferry in questio n falls within the jurisdiction of the Anchalik Panchayat and, therefore, the D irector, IWT is not the competent authority to settle the same. While the aforesaid question raised in the writ petition will certainly be gone into at the time of hearing of the writ petition, what stares at the fac e of the Court is that while the writ petitioner is a mere aspirant for settleme nt of the fishery in terms of the NIT dated 2.6.2007, the respondent Nos. 11 and 12 have been settled with the ferry in question by the Director, IWT. In such c ircumstances, the applicants/respondent Nos. 11 and 12 will have a better right and, therefore, must be allowed to run the ferry, which operation naturally will be subject to such final orders as may be passed in the writ petition. For the aforesaid reasons, I deem it appropriate to vacate the interim o rder dated 29.6.2007. The misc. case is accordingly allowed.