JABED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This judgment and order will dispose of both WA Nos. 30/2002 and 478/2001 as these arise out of one common judgment and order of the learned Single Judge dated 20.11.2001 disposing of WP(C) Nos. 6631/2001 and 6632/2001.

(2.) In these appeals we are concerned with the settlement of Rupahihat Weekly Market for the period 2001-2002. It is admitted on all hands that the settlements of Rupahihat Weekly Market with which we are concerned here is to last upto 30th June, 2002.

(3.) Rupahihat Anchalik Panchayat had floated a tender on 25.4.2001 inviting bids for the settlement of the Weekly Market as stated above. There were large number of bidders and ultimately the market was settled in favour of Abdul Kalam (respondent in the W.P.). His bid was Rs. 1,80,000/- per month. This settlement was challenged by Jabed Ali by filing WP(C) 6631/2001. It was also challenged by one Shri Ramjan Ali by filing WP(C) 6632/2001. Both the writ petitions were disposed of by the learned Single Judge on 20.11.2001 by a common judgment. The settlement in favour of Abdul Kalam, who was respondent No. 6 in the Writ Petition No. 6631/2001 was set aside. It was also observed that Jabed Ali, the writ petitioner in the other writ petition was an irregular bidder as there was some defect in submission of his bid. The learned Single Judge after quashing the settlement in favour of Abdul Kalam observed as under:-