PHANINDRA BORA Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) As both these applications impugn the same judgment, they are heard analogously and disposed of by this common judgment.

(2.) Pursuant to a notice issued by the Sub-Divisional Officer, Tinsukia (shortly, the S. D. O.) inviting tenders for settlement of country spirit shops (C. S. shops) of Tinsukia Sub-Division for the period from 1-10-1981 to 31-3-1984, both the petitioners, inter alia, submitted valid tenders for the Margherita C. S. shop and the same were considered by the S. D. O. in consultation with an Advisory Committee and he was pleased to settle the shop with Shri Phanindra Bora (petitioner of Civil Rule No. 480/82) in preference to Shri Hiranya Konwar ( petitioner in Civil Rule 844/882 vide order dt. 29-8-1981.

(3.) Against the settlement order Shri Hiranya Konwar appealed to the Assam Board of Revenue, shortly, 'the Board', in Case No. 56-E/81 impleading Shri Phanindra Bora as respondent, and the Board by the impugned order dt. 20-5-1982 partly allowing the appeal set aside the settlement order holding that there was strong possibility of the respondent (Phanindra Bora) being the benamdar of some under-hand financier working in his name and therefore the settlement in his favour has got to be set aside. However, the Board also had definite doubt regarding "the ingenious operation of an unseen hand" behind the appellant (Hiranya Konwar) and found him also to be not suitable for the settlement and accordingly it directed that fresh tenders may be invited for settlement of the shop as early as possible, meanwhile it being managed departmentally through non-party official vendor. Both the parties are now before us each impleading the other as respondent.