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2010 Supreme(Gau) 43

AMITAVA ROY
Bijni Truck Malik Sanstha – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. M. Singh, Mr. G. Singh and Mr. S.C. Biswas
For Respondents/Defendant: Mr. D. Das, Mr. K. Das, Mr. A. Dasgupta and Mr. M.R. Das

JUDGMENT

Amitava Roy, J.

1. The notice inviting tender ('the NIT') dated 28.8.2009 of the Bijni Town Committee inviting tenders for a settlement for collection of entry tax from loaded commercial trucks referred to therein for the period 15.9.2009 to 31.3.2010 and the selection of the respondent No. 7 there for constitute the subject-matter of challenge essentially on the ground of lack of authority of the respondent Committee.

2. I have heard Mr. M. Singh, advocate assisted by Ms. G. Singh, advocate for the petitioners, Mr. D. Das, standing counsel, Bodoland Territorial Council ('the Council'), Mr. A. Dasgupta, advocate appearing for the Bijni Town Committee (also referred to as the Committee) and Mr. M.R. Das, advocate for the respondent No. 7.

3. The petitioners have introduced the Bijni Truck Malik Sanstha (petitioner No. 1) as a registered association of the owners of trucks/mini trucks plying within and beyond the Bijni Town located in the district of Chirang in the State of Assam. The petitioner Nos. 2 and 3 are the President and Secretary thereof. They have pleaded that in absence of any lawful authority, the Committee by the impugned NIT as above, had invited tenders and settl
























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