RAJESH SHANKAR,J. - (1.) The present case is taken up through video conferencing.
(2.) The instant writ petition has been preferred for quashing and setting aside the orders as contained in memo no. 1541 and memo no. 398 both dated 11.06.2020 passed by the Secretary, Department of Transport, Government of Jharkhand and the Deputy Commissioner, Sahibganj (respondent no.2) respectively whereby the petitioner has been restrained from plying vessels between Samda ghat (Sahibganj district) to Manihari ghat (Katihar district of the State of Bihar) on National Waterway No.-l (hereinafter to be referred as 'NW-l'). Further prayer has been made for issuance of direction upon the respondents to immediately and forthwith grant/issue orders for restarting the operations of the petitioner's vessels from Samda Ghat at Sahibganj (Jharkhand) to Manihari Ghat at Katihar (Bihar) and also to allow it to set up its own temporary facility for operations of loading and unloading at Samda Ghat, Sahibganj on payment of fees, if any, payable under law to the concerned authority.
(3.) The factual matrix of the case as stated in the writ petition is that the petitioner- M/s Jai Bajrang Walee Stone Works is engaged in the business of stone materials and waterways transport on NW-1 for transporting materials inter-state through its vessels. The petitioner applied for permission before the respondent no. 4- Inland Waterways Authority of India (IWAI) to ply its vessels between Samda Ghat (Sahibganj , Jharkhand) and Manihari Ghat (Katihar, Bihar) on NW-1 for moving cargo, primarily stone materials and the competent authority of the respondent no. 4, vide its letter no. 45 dated 12.04.2017, granted 'No Objection Certificate1 to the petitioner for the said purpose with a direction to seek necessary permission from other concerned authorities/bodies as required and to deposit waterways user charges as per gazette notification whenever movement takes place. However, the Deputy Commissioner, Sahibganj (the respondent no. 2) issued an order as contained in memo No. 464 dated 30.05.2017 restraining the petitioner from plying its vessels on NW-1 alleging that it was plying vessels on NW-1 illegally without obtaining permission of the said respondent as required under law and further that the same was also causing loss to the state revenue. The Member (Traffic) of the respondent-IWAI, vide letter no. 32/2017 dated 28.07.2017, informed the Chief Secretary, Government of Jharkhand that the permission was already granted by the respondent-IWAI to the petitioner to ply its vessels for transporting cargo on NW-1 and requested the Chief Secretary, Government of Jharkhand to issue necessary directions to the concerned authorities to permit the petitioner to operate its vessels between Samda Ghat to Manihari Ghat as Roll-on/Roll-off (Ro-Ro) operation was one of the most crucial and visible components of inland water transportation and also that Government of India was giving emphasis on development of inland waterways transport in the country. Thereafter, the Joint Commissioner, Transport, Government of Jharkhand, vide letter no. 1070 dated 02.08.2017, directed the respondent no.2 to grant necessary permission to the petitioner for plying its vessels. The Divisional Commissioner, Santhal Pargana Division, Dumka, vide memo no. 04 dated 10.01.2018, mentioned about discussions in a meeting held at Patna on 11.12.2017 with the officials of the respondent- IWAI, wherein the Project Oversight Committee constituted for project development of Waterways, considered the petitioner's request to operate its vessels from private land/ghat of both sides of river Ganga situated in the State of Bihar and Jharkhand on payment of requisite fees and accordingly directed the respondent no. 2 to permit the petitioner to ply its vessels/barges on the NW-1, i.e. between Samda Nala/Ghat at Sahibganj, Jharkhand and Manihari Ghat at Katihar, Bihar as well as from Samda Ghat, Sahibganj to different places in a smooth and effective manner, a copy of which was forwarded to the Assistant Director of IWAI, Sahibganj , Jharkhand for information and necessary action. In the meantime, the petitioner preferred an appeal being R.M.A No. 20 of 2018-19 before the Court of Commissioner, Santhal Pargana Division, Dumka against the order dated 30.05.2017 passed by the respondent no. 2. The said appeal was allowed vide order dated 31.05.2018 holding that the operation of vessels by the petitioner would be carried out as per the provisions of Inland Waterways Authority of India Act, 1985 (in short, "the Act, 1985"), National Waterways Act, 2016, the Inland Vessels Act, 1917 (as amended up to date) (in short "the Act, 1917") etc. and the applicable laws of the Government of India. The Commissioner, Santhal Pargana Division, Dumka further held that the petitioner could ferry any number of its vessels/Ro-Ro vessels/barges owned by it or under valid agreement and directed the respondent no. 2 to ensure and facilitate smooth and uninterrupted plying of petitioner's vessels on NW-1 between Samda Ghat (Sahibganj , Jharkhand) to Manihari Ghat (Katihar, Bihar). The Additional Collector, Sahibganj , vide order as contained in memo no. 362 dated 21.05.2020, directed the petitioner to comply the order of the Commissioner, Santhal Pargana Division, Dumka. The Collector, Katihar, vide order as contained in memo no. 722 dated 29.05.2020, directed the petitioner to take further steps in the light of 'No Objection Certificate' granted by the respondent no. 4- IWAI as well as the order of the Commissioner, Santhal Pargana Division, Dumka and Additional Collector, Sahibganj by following rules, regulations as well as directives of the respondent-IWAI. The Deputy Director and Officer In-Charge, IWAI, vide letter dated 05.06.2020, informed the respondent no. 2 stating inter alia that the permission was granted to three agencies namely M/s. Varcel Shipping Pvt. Ltd., Delhi, M/s. Cambridge Constructions Ltd., Delhi and M/s Adani Logistics Ltd., Ahmedabad vide IWAI's letter dated 15.05.2020 to set up, operate and maintain temporary Ro-Ro facility from the Multi-Modal Terminal (MMT) of the respondent- IWAI situated at Sahibganj and for loading jetties on NW-1. Thereafter, the respondent no. 2, vide memo no. 385 dated 05.06.2020, informed the petitioner as well as other agencies that since the permission was granted by the respondent-IWAI for plying of vessels only through the prescribed MMT on NW-1, all the vessels should be operated/ plied specifically from there and if the vessels were found being operated from any other terminal except the said MMT, the concerned Company/Vessel holders would be held responsible and would also be liable to face the penal consequences under the provisions/laws of the IWAI. The petitioner wrote a letter to the respondent no. 2 on 06.06.2018 indicating serious practical difficulties being faced in loading and unloading of stone materials at MMT, Sahibganj and requested him to permit it to operate the vessels from its own arranged land situated quite close to MMT, Samda Ghat, Sahibganj. An office order was issued by the respondent-IWAI on 09.06.2020 instructing all the private agencies involved in the operation of Ro-Ro from IWAI, MMT, Sahibganj to submit their detailed scheduled plans regarding movement of the vessels on daily basis. The agencies were further asked to ensure strict adherence to the Standard Operating Procedure (SOP) as mentioned in letter dated 18.02.2020. There was intimation to the Secretary, Transport Department, Government of Jharkhand that in addition to the settlement holders of operation of ferries between Samda Ghat, Sahibganj to Manihari Ghat, Katihar, some ferries and vessels were also being operated by other agencies after obtaining NOC from the respondent-IWAI. Hence, the Secretary, Transport Department, Government of Jharkhand, vide letter no. 1541 dated 11.06.2020, instructed the respondent no. 2 to issue order regarding stoppage of any operation of ferry other than the settled ferries between aforesaid ferry ghats with immediate effect as the same involved issue of revenue. It was also stated in the said letter that if there were other ferry ghats which could be utilized, the revenue department should send the list of such ferry ghats by making recommendation. On the same date, i.e., on 11.06.2020, the petitioner received an order as contained in memo No. 398 issued by the respondent no. 2 whereby the operation of the vessels of the petitioner was suspended with immediate effect stating that settlement of the aforesaid ferry ghat being a matter of revenue, no ferry could operate other than that of the settlement holders. Thereafter, the petitioner vide letter no. JBSW/20-21/22 dated 14.06.2020 requested the Divisional Commissioner, Santhal Pargana Division, Dumka for directing the respondent no. 2 to comply with the order dated 31.05.2018 passed by its court and to allow the petitioner to ply theRo-Ro vessels between Samda Ghat at Sahibganj (Jharkhand) and Manihari Ghat at Katihar (Bihar), however nothing has been done in this regard. Hence, the present writ petition.;