PRAMOD MODAHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Pathak, learned counsel for the petitioner and also heard Mr. Sarif, learned Govt. Advocate for respondent No. 1 to 3, and Mr. Hazarika learned counsel for the respondent No.5. The dispute relates to the Settlement of hat Shyam Milan Pashu Bazar at Bazali Mahakuma Parishad. By an order dated 15.7. 1994 the hats in question was settled with the petitioner. The hat was settled for the period from 15.7.94 to 30.6.95. The petitioner has accordingly deposited the first kist money amounting to Rs.40,200/- However, by another order dated 21.9.92 the 4th respondent, the Secretary of Mahakuma Parishad, Bazali Anchalik Panchayat has settled the hat with the 5th respondent. This order dated 21. 9.94 has been assailed in this writ petition.

(2.) It is contended by Mr.Pathak that the 5th respondent had no jurisdiction to settle the bazar with the 5th respondent under the Act called Assam Panchayat Act, 1994 (hereinafter the Act). The Assam Panchayat Act 1994 became effective with effect from 6th May 1994. Therefore the settlement of the bazar is governed by the Assam Panchayat Act, 1994.

(3.) Section 105 of the Act provides for settlement of hats by Anchalik Panchayat and states that all the hats within the territorial jurisdiction of Anchalik Panchayat shall be settled by inviting tenders at the office of Anchalik Panchayat by its President, sub-section (4) of Section 105 provides that settlement made under sub-section (3) shall be subject to the confirmation by Jilla Parishad. Proviso to Section 105 provides that in the case of any dispute the Anchalik Panchyat is empowered to refer to the Government and the party may also apply to the Government whose decision shall be final.