This writ application has been filed challenging the legality and validity of the order dated 4.11.95 passed by the Deputy Secretary to the Government of Assam, Panchayat and Rural Development Department setting aside the settlement of the petitioner, further settling the Langla Bazar with the respondent No. 7, that is, Annexure IX to the writ application. .

2. The findings of the appellate authority are, inter alia as follows :

(i) The Anchalic Panchayat settled the bazar with prior approval of Mahakuma Parishad concerned and thus violated the procedure prescribed under the relevant rules meaning thereby, the Assam Panchayati Raj (Finance) Rules, 1990 vide Condition No.6 of the tender.

(ii) The Bazar Settlement Committee did not do wrong by rejecting the tenders of the tenderers at serial Nos. l, 2, 4, 5, 8 and 10.

(iii) As per the record of the comparative statement Md. Azaharul Islam to whom the Mahakuma Parishad recommended for settling the bazar does not appear to have submitted income tax clearance certificate and name of the Zamindar as required as per Condition No.29 of the tender notice.

(iv) The tender of Azaharul Islam was not a valid tender.

2A. Having arrived at this finding

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