SILCHAR ANCHALIK PANCHAYAT MAHKUMA PARISHAD COMPOUND REPRESENTED BY ITS PRESIDENT, SRI NIZAMUDDIN AHMED Vs. ANWARUL ISLAM BURBHUYAN, PRESIDENT, BERANGA GAON PANCHAYAT

JUDGEMENT

(1.) THIS appeal is against the order passed by the Asstt. District Judge No. 1, Cachar at Silchar in Misc. Case No. 60/93 arising out of Title Suit No. 65 of 1993. The appeal has been filed by the Silchar Anchalik Panchayat Mahkuma Parisbad, as by the impugned order which is available at Annexure -1 to the memo of appeal, the learned Asstt. District Judge though held that the settlement of the bazar viz Baranga Market in favor of one Angad Das at Rs. 85,000/ - valid, but conditions No. 17 & 18 of the tender notice are contrary to the provision of the Assam Panchayati Raj Act, 1986 and accordingly the above 2 conditions were stayed. The suit was filed by the President of the Baranga Gaon Panchayat being aggrieved with the said tender notice for settlement of the market. It may be stated that according to Clause (17) of the tender notice the lessee could collect the fees for sale and standing of cows etc.

(2.) IT may be stated that by order dated 6.7.93 the above order of the Asstt. District Judge No. 1 passed in Misc. Case No. 60/93 was stayed and thereafter the petition for vacating the stay order was filed by the President of the Gaon Panchayat which was registered as Misc. Case No. 74/93. As agreed to at the bar, both the appeal and the petition for vacating the stay order were taken up for final disposal.

(3.) CLAUSE (1) of Section 2 of the Act defines Gaon Panchayat which means a Gaon Panchayat established under the Act. Section 13 is regarding constitution of Anchalik Panchayat which includes all Presidents of Gaon Panchayat alongwith other members. Section 71(1), inter alia, provides that subject to rules and by -laws framed with the approval of the appropriate authority a Gaon Panchayat may impose the taxes in addition to the local rates collected from the area as mentioned in the said Sub -section. According to Clause (2) a Gaon Panchayat may impose a cess or fee or registration of cattle sold within the local area and Sub -section (3) provides that taxes etc shall be imposed and assessed and realised in such time and in such manner as prescribed. Section 73 of the Act empowers the Anchalik Panchayat to settle in the manner prescribed for a period of one financial year by inviting tenders all hats within its territorial jurisdiction. Sub -section (5) of the said section provides that all sale proceeds of hats shall be deposited in Anchalik Panchayat and shall be distributed in the manner according to the said Sub -section. Clause (c) of the said Sub -section (5), Anchalik Panchayat has to distribute an amount equivalent to 40% of the sale proceeds of the hats equally amongst the Gaon Panchayat falling within its jurisdiction. Section 87, inter alia, provides that no action civil or criminal shall lie against a member or agent or employee of a Gaon Panchayat or Anchalik Panchayat or Mahkuma Parishad acting under its direction in respect of anything done in good faith under the Act or rule or bylaws made thereunder. Section 91 provides that if a dispute arises between two or more Mahkurna Parishads and Mahkuma Parishad or local authority or between any two local authorities, the matter shall be referred to the State Govt. or to such authority its the State Govt. may direct and the decision of the State Govt. or such authority shall be final and conclusive.