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2022 Supreme(Gau) 66

MANISH CHOUDHURY
Debajit Hazarika S/o Late Suren Hazarika – Appellant
Versus
State of Assam Rep. by the Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. B.D. Das, Mr. D. Kalita.
For the Respondents: Mr. A. Roy, Mr. B.P. Bora.

JUDGMENT :

MANISH CHOUDHURY, J.

1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing the action on the part of the Golaghat Zilla Parishad in settling Sapjuri Weekly Market in favour of the respondent no. 6 inter-alia on the grounds that the bid of the petitioner was found to be a valid and higher one than that of the respondent no. 6 and there was infraction of Rule 47(10) of the Assam Panchayat (Financial) Rules, 2002 on the part of the General Standing Committee of Golaghat Zilla Parishad in granting the settlement.

2. The facts which are necessary for adjudication of the issue raised in this writ petition can be exposited, in brief, as follows:

    2.1 A Tender Notice dated 06.05.2021 for settlement of markets/ghats/meen mahals (‘Tender Notice’ for short) was published by the Golaghat West Anchalik Panchayat, Bokakhat inviting sealed bids from intending bidders for settlement of a number of markets/ghats/meen mahals. By the said Tender Notice, a total of 14 nos. of markets within the Anchalik Panchayat were sought to be

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