MANIK KONWAR Vs. STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY, PANCHAYAT & RURAL ADMINISTRATION, GOVT. OF ASSAM. DISPUR AND OTHERS

JUDGEMENT

(1.) Since the facts in all the aforesaid 3 (three) writ petitions are one and the same and since identical issues have been raised therein, all the 3 (three) writ petitions are being disposed of by this common Judgment.

(2.) Heard Sri T. J. Mahanta, learned Counsel and Sri K. Bhattacharjee, learned Counsel for the writ petitioners in W.P. (C) Nos. 4457 and 4066 of 2011 respectively. None appeared for the writ petitioner in W.P. (C) No. 4716 of 2011. I have also heard Sri B J Ghosh, learned Government Counsel appearing for the State respondents. Sri C. Barua, learned Senior Counsel appeared for the private respondent Sri Jashoda Ranjan Nag.

(3.) The settlement of Nowjan Weekly Bazar for the year 2011-12 is in question in the aforesaid writ petitions. Golaghat Dakshin Anchalik Panchayat had invited tenders for settlement of various markets, including the aforesaid market vide N.I.T. dated 30.5.2011. Pursuant to the said notice, as many as 22 tenders were submitted by different persons. The lowest bidder was one Sri Castom Basumatory and he offered Rs. 16,23,545.00, whereas one of the writ petitioners, namely, Sri Mukunda Basumatary, had offered Rs. 39,68,499.00. The tender value of the other writ petitioner Sri Manik Konwar was Rs. 18,11,888.00, whereas, another writ petitioner Sri Purna Kanta Gogoi, had offered Rs. 19,55,955.00. The offers of the remaining tenderers were also more than the amount which was offered by the private respondent Sri Jashoda Ranjan Nag. As per the requirement of section 109 (6) of the Assam Panchayat Act, 1994, the Anchalik Panchayat forwarded the tender papers to the Zila Parishad since the official bid as well as the tender amounts were clearly more than Rs. 1,00,000.00 per year. It may be mentioned here that the official bid was Rs. 3,30,300.00. On being referred the matter to the Golaghat Zila Parishad, the market has been settled with the respondent Sri Jashoda Ranjan Nag at an amount of Rs. 16,74,428.00.