MOHAMMAD ALI Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Govt. Advocate, Assam, appearing for respondent Nos.1 to 3 as well as Mr. B. Kaushik, learned counsel for respondent No. 4. None appears for the remaining respondents.

(2.) The present writ petition has been filed with a prayer to permit the petitioner to run the Bechimari Bus Parking, as per Government notification dated 11.08.2010, on temporary basis till regular settlement is made by the concerned authorities.

(3.) The case of the petitioner, in brief, is that he was the lessee of the Bechimari Bus Parking under the Bechimari Anchalik Panchayat in the district of Darrang, Assam for the year 2015-2016. The petitioner had operated the Bus Parking without any blemish to his reputation. Towards the end of the period of settlement, the Anchalik Panchayat had issued an NIT dated 10.05.2016 putting up the markets/bus parkings etc. for sale for the year 2016-2017 by incorporating a clause at Clause No. 9 to the effect that the tenderers and guarantors should be the adult residents within the jurisdiction of the Anchalik Panchayat. Clause 9 of the NIT dated 10.05.2016 was challenged by an intending tenderer by filing a civil suit before the Court of learned Civil Judge, Darrang, Mangaldai along with an application for temporary injunction numbered and registered as Misc.(J) Case No. 25/2016 whereby the learned civil court had passed an order of injunction dated 15.06.2016 staying the operation of the NIT dated 10.05.2016.