MOHANLAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE settlement of PTC Negheriting Bodhboria Bazar (hereafter referred to as the Market) in favour of the respondent No. 3 by the Dergaon Municipal Board (hereafter referred to as the Board) has been assailed as illegal, arbitrary and unconstitutional. The petitioner being a competing tenderer seeks a writ of mandamus to be awarded the market for the current term.

(2.) I have heard Mr. T. J. Mahanta, learned Counsel for the petitioner and Mr. P. C. Dey, learned Counsel for the Board.

(3.) BY order dated 12. 4. 2007, this Court permitted the petitioner to cause service of notice of the proceeding on the respondents 2 and 3 personally. By an affidavit filed on 7. 5. 2007, the petitioner has avowed that on being approached with a copy of the aforementioned order and by the writ petition, the respondent No. 3 refused to accept the same. As on date, he has neither entered appearance nor has represented to be heard.