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2022 Supreme(Gau) 250

MANISH CHOUDHURY
Azizul Haque S/o Late Abdul Aziz – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. D. Das, Mr. B. Rahman.
For the Respondents: Mr. S. Dutta, Mr. T.J. Mahanta, Mr. S. Islam.

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 Paschim Mangaldai Anchalik Parishad in settling Deonagaon Weekly Market in favour of the respondent no. 6 inter alia on the ground that despite the bid of the petitioner was found to be a valid and higher one than that of the respondent no. 6 the said market had not been settled with the petitioner and there was violation of the provisions of Section 109(6) of the Assam Panchayat Act, 1994 and Rule 47(10) of the Assam Panchayat (Financial) Rules, 2002 (‘the Rules, 2002’ for short).

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 23.06.2021 for settlement of a number of markets (‘Tender Notice’ for short) was published by the respondent no. 5 inviting sealed bids from intending bidders for their settlement for the financial year 2021-2022 for the period from 01.07.2021 to 30.06.2022. By the said Tend

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