P.P. Naolekar, C.J.

1. The necessary facts, in brief, are that the Execute Officer, Kampur Town Committee floated tender for settlement of Kampur Weekly Market. The present respondent No. 4 Shri Dhiren Choudhury, petitioner in WP(C) No. 4430/2002 alongwith the present appellant Shri Bikash Bora, petitioner in WP (C) No. 4191/2002, and other persons submitted tender. The offer of the respondent Shri Dhiren Choudhury was accepted and the market was settled with him with effect from 1st July, 2002. The appellant filed the writ petition challenging the decision of the Executive Officer. The High Court has passed an order on 23.7.2002 whereunder the settlement of the market was directed to be kept in abeyance and as a consequence thereof permitted the Executive Officer to manage the Weekly Market. The Director of Municipal Administration, Assam later on vide order dated 4.7.2002 directed that the settlement of the Weekly Market be made with the present appellant in place of the respondent No. 4 at his rate of Rs. 69,999. This order was challenged by the present respondent No. 4 in the above writ petition WP(C) No. 4403/02.

2. The reason given by the Director for settlement of the