MD RAIS MIA TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Art.226 of the Constitution directed against the order dt. Oct., 11,1983 passed by the State Government acting under S. 138 of the Assam Panchayati Raj Act,1972. The Nowgong Mahkuma Parishad advertised Doboka Weekly Bazar for settlement. The petitioner as well as others submitted tenders. The petitioner tendered Rs.4,605/- whereas respondent No.5 offered Rs.4,600/-. The Mahkuma Parishad settled the Bazar with Respondent No.5. It appears that the Mahkuma Parishad rejected the tender of the petitioner on the ground that there was "a public complaint" against the petitioner lodged with the Mahkuma Parishad.

(2.) Being aggrieved the petitioner preferred an appeal under S.138(2) of the Assam Panchayati Raj Act, for short, 'the Act'. The State Government who heard the appeal held that the difference of "tender amount" between the petitioner and Respondent No.5 was very nominal. The appellate authority also held that the Mahkuma Parishad was justified in settling the hat with Respondent No.5 on the ground that there are serious allegations against the petitioner. The appellate authority held that though the tender of the petitioner was higher yet there were some allegations against him, whereas the amount offered by Respondent No. 5 was marginally lower than that of the Petitioner, but against Respondent No.5 there was no allegation. The appellate authority thereafter held that the Mahkuma Parishad was justified in settling the bazar with Respondent No.5 Tanzul Ali.

(3.) The validity of the order has been questioned on the ground that the Mahkuma Parishad did not givethe petitioner any opportunity of hearing before rejecting his tender. However, in the writ petition no assertion has been made by the petitioner that there was no complaint before the Mahkuma Parishad at all relevant time. The sole ground is that no opportunity had been given by the Mahakuma Parishad before rejecting the tender.