NAGAON ZILLA PARISHAD Vs. REZIA BEGUM

JUDGEMENT

(1.) THE main question involved in these two appeals and in the batch of writ petitions is what are the powers of the Anchalik Panchayat and that of the Zilla Parishad for settlement of hats annual sale value of which is more than one lakh. The action was challenged by the Petitioner Respondents of Zilla Parishad inviting tenders of the hats the yearly sale value of which is more than rupees one lakh.

(2.) THE learned Single Judge has allowed the writ petition holding that the primary responsibility of inviting tenders for settlement of hats, yearly sale value of which is more than rupees one lakh is that of the Anchalik Panchayat and after receipt of the tender papers from Anchalik Panchayat the Zilla Parishad shall get it examined by the General Standing Committee and thereafter issue final order of settlement. The only power under the scheme of the Act available to the Zilla Parishad is to issue final orders of settlement after examination and scrutiny as provided in Sub -section (6) of Section 109 of the Assam Panchayat Act, 1994 in respect of hats, yearly sale value of which is more than rupees one lakh. The Court has also held that the primary duty of the Anchalik Panchayat is to issue notice inviting tender and forward the tender papers with the recommendations to the Zilla Parishad for confirmation as provided under Sub -section (4) of Section 105, Sub -section (4) of Section 106 and Sub -section (4) of Section 109 of the Act of 1994 if the yearly sale value is not more than rupees one lakh. In case of hats value is which is less than rupees one lakh the Zilla Parishad's power are only confined to confirmation of the recommendations made by the Anchalik Panchayat.

(3.) SECTION 105 of the Act of 1994 authorises the Anchalik Panchayat to settle hats within its territorial jurisdiction in the manner prescribed for a period not more than one Panchayat financial year. A hat is to be settled by inviting tender at the office of the Anchalik Panchayat by its President. The detailed procedure for inviting and submission of tender shall be such as provided under Rule 47 of the Assam Panchayat (Financial) Rules, 2002. Relevant portion of the Rule 47 reads: