SURAJIT SAIKIA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The challenge in both the writ petitions, is projected against the order dated 01.08.2007, passed by the Chief Executive Officer, Nagaon Zilla Parishad permitting the respondent No. 6, Rahul Amin to run and manage the Balisatra Bi-Weekly Market (hereafter for short referred to as the 'Market'), at 5% above the last settlement value of Rs. 6,91,201.07, by way of interim arrangement pending finalization of the process initiated by the NIT dated 17.04.2007, pertaining thereto. Admittedly, the respondent No. 6, in compliance of the said order, is operating the market since then as on date.

(2.) I have heard Mr. A.B. Choudhury, Senior Advocate assisted by Mr. J. Abedin, Advocate for the petitioner in W.P.(C) No. 4008/2007, Mr. G Choudhury, Advocate for the petitioner in W.P.(C) No. 4067/2007 and Ms. V.L. Sinha, learned State counsel for the official respondents. Mr. A.M. Mazumdar, Senior Advocate assisted by Mr. B.D. Konwar and Mr. M.U. Mondal, Advocates represented the respondent No. 6.

(3.) The pleaded facts are that Shrj Surajit Saikia petitioner in W.P.(C) No. 4008/7007 the was settled the market by the Nagaon Zilla Parishad (hereafter also referred to as the 'Zilla Parishad'), at his bid of Rs. 6,91,201.07/- for the period of 13.02.2007 to 30.06.2007. The petitioner, thereafter, submitted a representation for the remission of the kist money. An appeal was also filed by him under Section 137 of the Assam Panchayat Act 1994, (hereafter for short referred to as the 'Act'), before the Commissioner & Secretary to the Government of Assam, Panchayat and Rural Development Department for extending term of his lease by another year offering enhanced bid of 10% over the last settlement value. As the representation and appeal lay unattended and in the meantime, a fresh process for settlement of the market for the next Panchayat year, was initiated by the NIT dated 17.04.2007, he approached this Court with W.P.(C) No. 2178/2007. By order dated 16.05.2007, this Court disposed of the petition with a direction to the authorities concerned to pass necessary orders on the representation/appeal within a period of two months, clarifying that in doing so only the prayer for the remission of his dues would be considered. The Chief Executive Officer of the Zilla Parishad, pending disposal of the representation/appeal having by his order dated 18.06.2007, directed the petitioner to deposit the outstanding dues within two days of the receipt thereof, he assailed the same before this Court in W.P.(C) No. 3102/2007. By order dated 22.06.2007, this Court while issuing notice, in the interim stayed the operation thereof and maintained the status quo with regard to the affairs of the Market. The petitioner was further directed to appear before the concerned respondent authority to facilitate the hearing and disposal of the appeal.