MUZZAMELHAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the petitions witness a challenge to the order dated 10.10.03 passed by the Nagaon Zilla Parishad (hereinafter referred to Zilla Parishad) settling the Juria Bi weekly market (hereinafter referred to as the market) with the respondent No. 4, Md Abu Bakkar Siddique. Though initially by an interim order passed in WP(C) No. 9027/03 the impugned settlement was stayed an appeal being W.A. No. 504/03 having been preferred in terms of the order passed therein, the private respondent is presently operating the market.

(2.) I have heard Mr N. Dutta, Senior Advocate and Mr. A. K. Goswami, Advocate for the writ petitioners in WP(C) 9027/03 and WP(C) No. 9573/03 respectively Mr. A. Goni, learned State counsel for the official respondents and Mr. A. M. Mazumdar, Senior Advocate for the respondent No. 4

(3.) The relevant facts necessary for comprehending the issues are that atender notice was floated on 10.4.03 by the Zilla Parishad inviting tenders inter alia for settlement of the market for the term 1.7.2003 to 30.6.04. The petitioners, the respondent No. 4 and others responded to the notice and submitted their tenders. The highest bid was of Rs. 9,15,517/ - offered by one Sri Dulu Bora followed by one Md Khairul Islam, petitioner in WP(C) No. 9573/03 at Rs. 7,93,548/-. Md. Miizzamel Haque, petitioner in WP(C) No. 9027/03 was 3rd in the row offering Rs. 6,11,211/-. The respondent No. 4 quoted Rs. 3,99,853/-. The market by the order dated 25.6.03 was however settled with the respondent No. 4 at his bid. Incidentally the highest bidder had withdrawn his offer. The settlement was assailed by Md. Muzzamel Haque the petitioner in WP(C) No. 9027/ 03. His petitioner (WP(C) No. 5353/03) along with other writ petitions were eventually disposed of by a Division Bench of this court by judgment and order dated 1.10.03 passed in W. A. No. 325/03 and others. The settlement was set aside primarily on the ground that it had been awarded in favour of the private respondent at a bid lower than that of Shri Dulu Bora without the prior approval of the State Government as required under Rule 47( 10) of the Assam Panchayat (Financial) Rules 2002 (hereinafter referred to as the Rules). The matter was remanded to the Zilla Parishad for fresh orders on a consideration of the bids already received. On remand, the Zilla Parishad by the impugned order dated 10.10.03 settled the market again with the respondent No. 4 at his offer. The settlement has been questioned inter alia on the ground that the same had been made in violation of the order of this court as above and on extraneous considerations beyond the NIT.