H.N. Sarma, J.

1. Vide tender notice dated 7.1.2005 Sonari Municipal Board, respondent No. 4 invited a tender for settlement of Sonari Municipal Daily Market for the period from 2005-06 commencing from 1.4.2005 to 31.3.2006. The last date for settlement of the tender was fixed on 11.2.2005 upto 1 p.m. Pursuant to the aforesaid tender notice as many as four tenderers including the petitioner and the respondent No. 5 submitted their respective tenders praying for settlement of the said market offering their respective bid - the petitioner offered Rs. 7,80,500 where the respondent No. 5 offered Rs. 7,28,650. As per Clause 2 of the tender notice the tenderers were required to submit original documents such as Myadi Patta, Zamabandi, non-incumbrance certificate, land revenue paying Receipt, Income tax , Sales tax, Municipal tax, Gaon Panchayat tax clearance certificate of tenderers/guarantor along with the tender. The Municipal Board held its meeting on 22.3.2005 for consideration of the settlement of the aforesaid market and vide resolution No. 2(ga) the respondent No. 5 was settled with the aforesaid market at his bid value of Rs. 7,28,650. Vide resolution No. 2(ka), the bid of