ANIL SAIKIA Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) This application i.e. CR No. 814/94 under Article 226 of the Constitution of India has been filed challenging the legality and validity of the judgment and order dated 25.2.94 passed by the Assam Board of Revenue in Appeal Case No. 61E(D)/93 setting asiide the order of settlement dated 20.2.93 passed by the Deputy Commissiomer-cum-Collector, Dibrugarh, settling the No. 2 Borsaikia Country Spirit Stop with the petitioner and settling the same with the respondent No. 3 and 4 for the remaining period of the term 1993-96. The impugned order by the Board is Annexure-0 to the writ application and in this case we are concerned with Appeal Case No. 61E(D)/ 93. As many as 5 (five) appeals were filed against the judgment and order passed by the Deputy Commissioner, Dibrugarh settling the Borsaikia Country Spirit Shop No. 2 for the term of 1993-96 in favour of Shri Anil Saikia and Shri Rana Borgohain. The two grounds which were agitated before the Board are-i) the finance of the respondent is not free from doubt which resulted in rejection of their tender, ii) the respondent- Anil Saikia having not passed the HSLC examination the corresponding tenderer would not be entitled to preferencial treatment under provision 223 of the Excise Rules. The appeal was allowed and the Board passed the following order :

(2.) These Shri Santanu Kumar Gogoi and shri Haren Tasha are the respondent Nos. 3 and 4 in the writ application and Shri Anil Saikia and Rana Borgohain are the petitioners in writ application.

(3.) I have heard Shri N.M. Lahiri, learned Advocate for the petitioner and Shri D.N. Choudhury, learned Advocate: for the Respondents 3 and 4.