Jasti Chelameswar, J.

1. The writ petition is filed with the prayer as follows:

. . .

4. to declare an adjudge Section 107 of the Assam Panchayat Act, 1994 and Rules 4 and 9(1) of the Assam Panchayat (Financial) Rules, 2002 in so far those provisions relate to settlement of private market as unconstitutional and ultra vires,

5. to issue a writ of certiorari to set aside and quash the order bearing No. PDA. 141/2007/57 dated 1.8.2007 issued by the respondent No. 1 (Annexure-G),

6. to issue a writ of mandamus directing and commanding the Respondents to recall, rescind, cancel and/or otherwise forbear from giving effect to the said order dated 1.8.2007 and further to direct and command the said Respondents to issue necessary license to the petitioner for operating his private Bhabanipur cattle market (also known as Paschim Chaygaon cattle market).

2. The facts leading to the presentation of the writ petition are as follows:

The petitioner's father one Shri Abala Kanta Talukdar established a market in the year 1979 on a piece of his patta land bearing KP Patta No. 30, Dag No. 224 covering a total area of six bighas. Admittedly the Paschim Chaygaon Gaon Panchayat was collecting some money from the above mentioned Shri Abala Kanta Talukdar and granting "permission/license" to operate his private market year to year up to 30th June, 2002. Thereafter the petitioner claimed that the above mentioned piece of property was transferred to the petition by his father and the transfer was mutated in the revenue records. Thereafter the petitioner was also running the above mentioned private market from year to year though he has been paying some amounts, the details of which may not be necessary for the purpose of this writ petition, year to year to the Gaon Panchayat.

3. When the so called permission granted by the Gaon Panchayat for the period commencing from 1.7.2006 to 30.6.2007 nearing completion the petitioner made an application dated 28.5.2007 before the respondent authority for granting of a "license" for the said private market for the year 2007-08. It appears that on earlier period, that is, for the Panchayat year 2006-07 when the petitioner was accorded with such permission by the Gaon Panchayat to run the market some body challenged such arrangement by way of WP(C) No. 4829/06 on the ground that the said settlement in favour of the writ petitioner was not preceded by any tender process. The said writ petition was eventually disposed of by an order dated 20.6.2007 by a learned Judge of this Court directing the first respondent to examine the matter in its entirety, having regard to the rival claims of the petitioners therein and the petitioner herein, who was the respondent in the said writ petition.

4. In view of the said order the petitioner approached the first respondent not, only for a resolution of the issues as pointed out by the order referred to earlier of this Court but also for a "permission" in favour of the petitioner to operate the private market for the year 2007-08.

5. Once again the petitioner approached this Court by way of WP(C) No. 3665/2007 seeking appropriate directions in the matter of grant of the necessary "license" sought by him for the year 2007-08. During the pendency of the said writ petition the first respondent, however, considered the case of the petitioner pursuant to the orders of this Court referred to earlier. By an order dated 1.8.2007 the first respondent opined that the private cattle market, which the petitioner and his father were running on their property, should be settled by inviting tenders. In view of the said order the WP(C) No. 3665/07 and another writ petition which was tagged on to the said writ petition came to be closed without examining the issue.

6. Challenging the correctness of the decision of the first respondent dated 1.8.2007 referred to earlier the petitioner herein filed a fresh writ petition being WP(C) No. 4193/2007. In the meanwhile the 4th respondent invited tenders on 8