JADAV SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALL the writ petitions are in respect of settlement of the particular daily and weekly markets. They have been heard analogously and are being disposed of by this common judgment and order.

(2.) THE markets in question are Simoluguri Daily Market and Simoluguri Weekly Market in the district of Sivasagar. While the petitioners in WP (C) No. 2390/2008 and 3945/2008 are the aspirants for settlement of the daily market for the year 2008-2009 (1. 4. 2008 to 31. 3. 2009), the petitioner in WP (C) No. 2392/2008 is the aspirant for the weekly market. In all the writ petitions, it is the case of the petitioners that since they are the highest valid tenderers, the markets ought to have been settled with them instead of settling the same with the private respondents, whose bid values are lower than that of the petitioners.

(3.) THE issue relating to the settlement of both the markets earlier came up for consideration before this Court by way of 4 writ petitions being WP (C) No. 1271, 1272, 1156 and 1168 of 2008. It was found that the settling authority i. e. Simoluguri Town Committee having finalised the matter after issuance of tender etc. had sent the matter to the Director of Municipal Administration for necessary approval. In such a situation, all the writ petitions were disposed of by order dated 11. 4. 2008 providing that the Director before granting the approval relating to settlement of the markets would consider the matter in accordance with law. Be it stated here that the Town Committee had recommended the settlements in favour of the private respondents herein.