ABDUL JALIL Vs. STATE OF ASSAM

JUDGEMENT

(1.) IN this batch of writ petition, the settlement of Rupahi Weekly Market and Rupahi Daily Market falling under the jurisdiction of Nagaon Zilla Parishad is under challenge. W. P. (C) No. 3151/07 and W. P. (C) No. 3156/07 have been filed challenging the settlement of Rupahi Weekly Market in favour of the respondent No. 5 at his offered bid of Rs. 25,99,999/- ignoring the higher bid offered by the respective writ petitioners. Similarly, W. P. (C) No. 3148/07 and W. P. (C) No. 3164/07 have been filed challenging the settlement of Rupahi Daily Market settling with the private respondent No. 5 at his bid value of Rs. 1,70,111/- ignoring the offered bid by the writ petitioner.

(2.) I have heard Mr. B. Rahman, learned counsel appearing for the petitioner in W. P. (C) No. 3151/07 and W. P. (C) No. 3148/07, Mr. D. A. Kaiyum, learned counsel for the petitioner in W. P. (C) No. 3163/07 and W. P. (C) No. 3164/07 and Mr. A. B. Choudhury, learned Sr. counsel, assisted by Mr. J. Abedin appearing for the settlement holder, respondent No. 5 in W. P. (C) No. 3156/07 and Mrs. H. M. Phukan, learned Govt. Advocate appearing for the official respondents.

(3.) RUPAHI Weekly Market is one of the biggest market in the Nagaon District falling under the Nagaon Zilla Parishad. In order to settle the said market along with other Hats/bazars/ghats and Fisheries, the Nagaon Zilla Parishad issued tender notice dated 17. 4. 07 inviting applications from the intending bidders falling within the said Zilla Parishad and in the tender notice at Clause 3 it is specifically provided that the highest bidder will be given priority for settlement. In pursuance to the said tender notice as many as 16 candidates submitted their tender papers. The bid offered by Md. Unus Ali, petitioner in W. P. (C) No. 3163/07 was Rs. 45,99,999/- and the bid offered by Md. Ziabur Rahman, petitioner in W. P. (C) No. 3156/07 was Rs. 35,39,551/- whereas the bid offered by Md. Abdul Jalil, petitioner in W. P. (C) No. 3148/07 is Rs. 32,99,786/ -.