JOY KANTA HIRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner impugns the appellate order of the State Government dated 12-12-86 rejecting his appeal and cancelling the settlement of Nagrijuli Bazar in his favour.

(2.) The petitioner is member of the Hira Community and thus belongs to the Scheduled Caste Community of Assam. Pursuant to a tender notice for settlement of the Nagrijuli Bazar for the year 1986-87 the petitioner, the Respondent No. 3 and five others submitted tenders and the Administrator of the Nalbari Mahkuma Parishad settled the Bazar with the Respondent No. 3 at his bid of Rs. 2,49,331,00. Against that settlement Shri Birendra Barman and the petitioner appealed to State Government. The appeal of Shri Birendra Barman was heard on 25-7-86. The appeal was rejected and the settlement with Respondent No. 3 was upheld. Meanwhile, on 30-7-86 the petitioner filed his appeal and 11-8-86 was fixed for its hearing but the Respondent No. 3 was not present. It is stated that a judgement was passed on 18-8-86 but before the judgement was formally issued, the Respondent No. 3 submitted a prayer dated 21-8-86 for giving him an opportunity of hearing. His prayer was granted and 2-9-86 was fixed. Meanwhile, the Respondent No. 3 obtained an order from the High Court dated 1-9-86 and the Respondent No. 3 submitted a petition to the State Government on the same date enclosing a copy of the High Court's order in Misc. Case No. 1134 of 1986 in Civil Rule No. 918 of 1986 for interim stay of rehearing of the appeal on 2-9-86 and hence the hearing was adjourned. By a subsequent order in Misc. Case No. 1207 of 1986 the High Court suspended the impugned order passed on 9-9-86 setting the Bazar with the petitioner and in consequence the Mahkuma Parishad was allowed to run the Bazar. By order dated 8-11-86 the High Court sent back the appeal whereafter the appeal was heard on 26-11-86. By the impugned order, as has already been stated, the settlement in favour of the petitioner was set aside and the Bazar was settled with the Respondent No. 3 at his bid of Rs. 2,49,331/-. Hence, this petition.

(3.) A notice of motion was issued on 23-12-86. Although the State has not filed any affidavit-in-opposition, the learned Senior Government Advocate, Assam has made his submissions.