KHUKOMONI SINHA Vs. ABUL HUSSAIN CHOUDHURY

JUDGEMENT

(1.) Heard Mr. PK Roy Choudhury, learned counsel for the review petitioners as well as Mr. M. Nath, learned counsel representing respondent nos.5, 6, 8, 9, 10 and 11. Mr. R. Dhar, learned counsel appears for respondent no.7. None appears for respondent nos.1, 2, 3 and

(2.) The petitioners seek review of the order dated 15.03.2019 passed in WP(C) No.499/2018. The review petitioners herein were respondent nos.8 to 13 in the said writ petition, which was instituted by the present respondent nos.1, 2, 3 and 4. Prayer in the writ petition was for a direction to the Uttar Kanchanpur Gaon Panchayat, under Algapur Anchalik Panchayat, for issuing Notice Inviting Tender towards allotment of newly constructed shop-rooms over land under its jurisdiction. Grievance raised was that there was a move on the part of the authority concerned to make settlement with the review petitioners herein without undergoing any tender process. While disposing of the writ petition on 15.03.2019, this Court took note of the additional affidavit dated 12.03.2019, filed by the Deputy Commissioner, Hailakandi, wherein at paragraph 4, statement was made that the Anchalik Panchayat after fixing the lease amount of each room/shop for one Panchayat Financial Year may lease out the same by inviting tender in accordance with Rule 47 of the Assam Panchayat (Financial) Rules, 2002. Having regard to the stand of the Deputy Commissioner, as above, this Court reached the conclusion that the apprehension expressed by the writ petitioners/present respondent nos.1, 2, 3 and 4 that allotment would be made without following the process of tender was misplaced.

(3.) Challenging the order of this Court dated 15.03.2019, the review petitioners herein had instituted WA No.94/2019 with the primary contention that the order dated 15.03.2019 had been passed without taking into consideration the statements made by the review petitioners in IA(Civil) No.1790/2018 and, at any event, the affidavit-in- opposition dated 02.08.2018 filed by the Deputy Commissioner, Hailakandi. On such contention, the writ appeal was disposed of, leaving it open for the review petitioners/appellants to bring the aforesaid aspect by filing appropriate review petition. It was in this context the present review petition has been instituted.