MD. JONAB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing the action on the part of the Naoboicha Anchalik Panchayat in settling Dejoo Daily Market in favour of the respondent no. 8 inter alia on the grounds that the bid value of the petitioner was higher than the bid value offered by the respondent no. 8. The additional grounds on which the impugned order of settlement have been challenged are : firstly, the bid value offered by the petitioner being more than Rs.1,00,000.00, there was violation of the provisions of Sec. 109[6] of the Assam Panchayat Act, 1994, as amended; and secondly, there was clear violation of the provisions of Sec. 105[4] of the Assam Panchayat Act, 1994, as amended, as there was no confirmation of the settlement order passed by the Anchalik Panchayat by the jurisdictional Zilla Panchayat.

(2.) The facts which are necessary for adjudication of the issues raised in this writ petition can be exposited, in brief, as follows:-

(3.) I have heard Mr. P.K. Deka, learned counsel for the petitioner; Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 2, 4, 5 and 6; Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent no. 3; and Mr. U. Dutta, learned counsel for the respondent no. 8.