DULEN BORGOHAIN Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. N.K. Baruah, learned counsel, for the petitioner and Ms. R. Gogoi, learned counsel, for the respondents.

(2.) The petitioner was a lessee in respect or Sapekhati Weekly Market, which falls under Sivasagar Zila Parishad, the lease being for the year 2007-08. When the respondents/authorities concerned published a Notice Inviting Tender for settlement of the said market for the year 2008-2009, the petitioner applied for extension of his term of settlement for one more panchayat year, with effect, from 1.7.2008, in order to compensate himself for the loss, which, according to the petitioner, he had sustained.

(3.) On 18.5.2008, a representation to the respondent No. 5, namely, President, Sibsagar Zilla Parishad, was made by the petitioner seeking remission of the rent/lease amount, which the petitioner was, under the terms of the settlement, liable to pay. As the respondents/authorities concerned decided to go ahead with the tender process, the petitioner has come to this court seeking, with the help of the present application, made under article 226 of the Constitution of India, issuance of appropriate writ(s) setting aside and quashing the tender notice aforementioned and for further direction to the respondents to grant remission of a sum of Rs. 60,228 to the petitioner in respect of his dues. In the meanwhile, pursuant to the tender process aforementioned, settlement of the market has already been made in favour of the one of the tenderers. The settlement, so made, is not under challenge in the present writ petition.