JUDGMENT A.M.Sapre, J. This is an intra-court appeal under Rule 2(3) of Chapter VA of the Gauhati High Court Rules filed by the writ petitioner of WP(C) No.6935 of 2013 against the order dated 09.01.2014 passed by learned Single Judge. 2. By the impugned order, the learned Single Judge disposed of the writ petition in the light of the detailed interim order passed on 09.01.2014 in relation to grant of stay. In other words, in the opinion of learned Single Judge, since a detail order was already passed on the stay matter on 09.01.2014 and therefore it has virtually resulted in disposal of the writ petition on merits and accordingly the learned Single Judge disposed of the writ petition finally in the light of order dated 9.1.2014. 3. The dispute in the writ petition which has now carried to this appeal relates to ferry service provided to a ghat known as “Kaplabari point” in River Brahmaputra. One of the material question which came up for consideration before the authorities concerned and later in the writ petition was what is the distance between the two destinations, namely, Larkuchighat and Kaplabari point and secondly between Mukalmua- Bhanganamari and Kaplabari point. To put it differently, the question was whether Kaplabari point comes within a distance of 3.2 kilometers from Larkuchighat and Mukalmua- Bhanganamari ferry service as provided in Rule 35 of Control and Management of Ferries Rules, 1968. 4. Learned Single Judge declined to answer this question in the light of some reports of the authorities on this issue. We also felt that this issue being purely a question of fact, it cannot be probed in the writ petition. 5. We have heard Mr. S. S. Dey, learned counsel for the appellant and Mr. U. Rajbangshi, learned Standing Counsel, Transport and Mr. S. Katakey, learned counsel appearing for the caveator and have also perused the record of the case with a view to examine as to how effectively the controversy in question can be resolved keeping in view the provisions of the Northern India Ferries Act, 1878 and Control and Management of Ferries Rules, 1968 and if so in what manner. 6. We are constrained to observe that there are as many as three divergent reports of different dates by different authorities on the issue of distance between the two destinations mentioned above. 6. We are constrained to observe that there are as many as three divergent reports of different dates by different authorities on the issue of distance between the two destinations mentioned above. These reports are dated 19.07.2011, 05.07.2011 and 07.10.2013 and are submitted by Circle Officer or by Executive Engineer of the concerned area. 7. One thing, which is not in dispute, is that they have given different distances between the two destinations. We are therefore not inclined to place reliance on any of these reports though relied upon by the parties for deciding as to what is the exact distance of Kaplabari from these two ferry service points. It is for the simple reason that there cannot be variance in distance. 8. In our view, this issue has to be decided keeping in view the provisions of the Northern India Ferries Act, 1878 and in particular Section 13 of the Act which empowers the Magistrate of the district or any such officer as the local Government may appoint from time to time to deal with issues of this nature. 9. We, accordingly, direct the Deputy Commissioner of Nalbari to hold an enquiry with the assistance of experts in the field and decide the following :- (1) Whether Kaplabari point is within a distance of 3.2 km. from Larkuchi ghat? (2) Whether Kaplabari point is within the distance of 3.2 km. from Mukalmua- Bhanganamari ferry service? (3) What is the exact distance of Kaplabari point to the two points mentioned in clauses (1) and (2) above? 10. Let this enquiry be held by the Deputy Commissioner, Nalbari with the assistance of experts in the field and accordingly necessary certificate keeping in view the provisions of the Northern India Ferries Act, 1878 and Control and Management of Ferries Rules, 1968 be issued to all authorities/parties and it be then used in place of all the previous reports on this issue. 11. Let this enquiry be conducted within a period of one month from the date of submission of this order to the Deputy Commissioner, Nalbari and accordingly necessary steps for awarding ferry service contracts be given to eligible person after following necessary procedure. 12. 11. Let this enquiry be conducted within a period of one month from the date of submission of this order to the Deputy Commissioner, Nalbari and accordingly necessary steps for awarding ferry service contracts be given to eligible person after following necessary procedure. 12. We also consider it apposite to mention that the present arrangement for the area in question be maintained and till report of the Deputy Commissioner is submitted and depending upon the certificate issued, the necessary consequential action be taken as stated above immediately thereafter. 13. It is with these observations and directions, the appeal succeeds and is allowed in part. The impugned order is set aside. No cost.