MD RANJAL ALI THAKURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been filed against the common judgment of the learned Single Judge in two connected Civil Rule Nos. 4636/96 and 5066/96 dated 29.11.96.

(2.) The brief facts for the purpose of determining the controversy raised in these two Civil Rules are that the Mayang Anchalik Panchayal invited tenders for settlement of various markets including the Nokhola Weekly Bazar, which is the bazar involved in the present appeal, for the financial year 1996-97 and the tenders were opened on 13.8.96. The period for which the Bazar was to he settled was to start from 1.7.96 and end on 30.6.97. The respondent No.7 who was the highest bidder had offered Rs. 25,005/- per month for the aforesaid Nakhola Weekly Bazar while the petitioner-appellant who was the second highest bidder had offered Rs. 24,705/- per month. The standing Committee of the Anchalik Panchayat constituted under Section 52 (1) (a) of the Assam Panchayal Act, 1994 (for short the 1994 Act) rejected the tender given by the highest bidder i.e. the respondent No. 7 and accepted the tender of the petitioner- appellant who was the second highest bidder. But the Anchalik Panchayat did not handover the Nokhola Wekly Market to the petitioner- appellant and the instead issued a short tender notice dated 19.9.96 for settlement of various bazars including the Nokhola Weekly Bazar on the direction of the Deputy Commissioner, Morigaon District. Aggrieved, the petitioner- appellant filed Civil Rule No. 4636/96 in which the learned Single Judge passed interim orders on 20.9.96 directing that during the pendency of the Civil Rule the Gaon Panchayat concerned will run the Nokhola Weekly Bazar.

(3.) In the meanwhile, the Secretary of the Mayang Anchalik Panchayat sent the papers in respect of the Weekly Bazar to the State Government and the State Government after examination of the tender papers submitted by the Secretary of the Gaon Panchayat, Govt. by the order dated 30th September, 1996 was pleased to approve the tender in respect of Nokhola Weekly Bazar in favour of Shri Rajani Kanta Das (respondent No.7) at Rs. 25,005/- per month. This order passed by the State Government was challenged by the petitioner-appellant by filing another Civil Rule No. 5066/96. Both Civil Rule No. 4636/96 and Civil Rule No. 5066/96 have been dismissed by the learned Single Judge by the impugned common judgment dated 29.11.96.