This is a 3rd approach by the petitioner in this Court invoking jurisdiction under Article 226 of the Constitution of India in respect of settlement of Silchar Country Spirit 'Shop No. 1 for the period from 1987-1990 expiring on 31.3.90. On the basis of selection by the Advisory Committee, the Deputy Comm­issioner, Cachar the Settling Authoriy, by order dated 20.3.87 settled the Silchar C, S. shop No. 1 with the petitioner for the period from 1.5.87 to 31.3.90.

2. The respondent No. 4 who was the settlement holder of the C. S. Shop of the previous term also filed the tender. Being unsuccessful to get the settlement of the shop, respondent No. 4, preferred an appeal under the learned Assam Board of Revenue, Gauhati and the appeal was registered as" Case No.. 42(E)(O) /87. On the prayer for interim stay of the settlement 'order pending disposal of the appeal the learned Board by the exparte order dated 25.4.87 stayed the settlement order and directed that the shop should be run departmentally by official vendor and that none of the beneficiaries arising out of the decision of the Advisory Committee shall be considered for engagement of official vendor. The petitioner