RAHIMUDDIN SHEIKH Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) This petition is directed against the appellate order dated 5.2.93 passed by the Govt. setting aside the settlement of Patiladaha Hat under Manikpur Anchalik Panchayat in favour of the petitioner for the period from 1.8.92 to 30.6.93.

(2.) In response of a notice initiating tenders, the petitioner along with other submitted his tender for settlement of the hat offering Rs. 1,27,501.00. The petitioner's bid was the highest. The Anchalik Panchayat after scrutiny of the tenders prepared a comparative statement and being satisfied that the petitioner's tender was in order, settled the bazar with the petitioner. After getting settlement order, the petitioner deposited Rs. 95,000.00 towards kist money out of Rs. 1,27,501.00. The unsuccessful bidder, namely the respondent No. 4 who offered Rs. 81,001.00, challenged the order before the appellate authority by preferring an appeal. The appellate authority after hearing the parties by order dated 28.10.92, allowed the appeal and set aside the order of settlement with the petitioner and directed the Anchalik Panchayat to settle the bazar in favour of respondent No. 4 at his bid of Rs. 80,001.00. The petitioner challenged the said order dated 28.10.92 passed by the appellate authority before this Court in Civil Rule No. 2259 of 1992. By order dated 18.12.1992, this Court set aside the appellate order and remanded the matter back to the appellate authority. While disposing of the writ petition, this Court found that the appellate authority set aside the settlement on the ground that petitioner failed to execute deed of lease as provided under Rule 58 (8) (ii) of the Assam Panchayati Raj (Financial) Rules, 1990 and that the petitioner also failed to submit tax clearance certificate. In the aforesaid order dated 18.12.92, this Court however, observed:-

(3.) After remand, the appellate authority by the impugned order dated 5.2.93 allowed the appeal. Operative part of the appellate order is as follows :