KHAGEN PANGING Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D. Sinha, Ms. B. Sarma, Mr. U. Dutta and Mr. J. Deka, learned counsel for the petitioners. Also heard Mr. Md. Aslam, learned counsel appearing for the settlement holder and Mr. H. Rahman, learned State counsel for the State respondents as well as for the Chief Executive Officer, Lakhimpur Zilla Parishad. None appears for the President, Lakhimpur Zilla Parishad. As all the writ petitions raise common questions of law and facts, as agreed to by the learned counsel for the parties, the writ petitions have been heard together and are disposed of by this common judgment.

(2.) In all these writ petitions, the writ petitioners have prayed for setting aside and quashing the order of settlement dated 28/6/2011 issued in favour of Mr. Anjan Taye, settling Tekiliphuta Desangmukh Ferry Ghat, for short, Ferry Ghat issued by the Chief Executive Officer, Lakhimpur Zilla Parishad, for the period 1/7/2011 to 30/6/2012 at Rs. 6,78,600.00. In W.P. (C) 3849/11 and W.P. (C) 5140/11, prayer has also been made for a writ of mandamus directing the respondent authorities to grant settlement of the Ferry Ghat to the respective petitioners.

(3.) All the writ petitioners had submitted tenders in response to the Notice Inviting Tender, for short, NIT, dated 19/5/2011 for settlement of, amongst others, the settlement of Tekiliphuta Desangmukh Ferry Ghat, issued by the Chief Executive Officer, Lakhimpur Zilla Parishad for the year 2011-2012. The petitioner in W.P. (C) 3849/11 submitted a bid of Rs. 8,79,500.00; petitioner in W.P. (C) 4611/11 had submitted a bid of Rs. 11,09,999.00; petitioner in W.P. (C) 3654/11 submitted a bid of Rs. 7,95,551.00 and the petitioner in W.P. (C) 5140/11 submitted a bid of Rs. 13,79,700.00. Settlement was offered to Anjan Taye at Rs. 6,78,600.00. All the writ petitioners claim that they had submitted their respective valid tenders.