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2022 Supreme(Gau) 292

MANISH CHOUDHURY
Hasmat Ali, S/o. Late Sanifuddin Seikh – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Govt. of Assam, Panchayat and Rural Development Deptt. – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.N. Sahewalla, Senior Advocate, Mr. P. Deka.
For the Respondents: Mr. N.K. Dev Nath, Standing Counsel, Mr. F.K.R. Ahmed.

JUDGMENT :

By this writ petition under Article 226 of the Constitution of India, the petitioner has assailed an order dated 18.12.2021 passed by the respondent no. 4 i.e. the Chief Executive Officer, Darrang Zilla Parishad, whereby, the settling authority had settled a market viz. ‘Tangni Weekly Open Market’ [‘the Market’, for short] in favour of the respondent no. 8 for the period from 25.12.2021 to 30.06.2022. While seeking setting aside of the impugned order dated 18.12.2021, the petitioner has also sought for a direction to the respondent authorities to grant settlement of the Market in favour of the petitioner.

2. By a Tender Notice dated 21.06.2021 published by the Pub Mangaldoi Anchalik Panchayat, Dhola, sealed bids were invited from interested bidders for settlement of a number of markets/ghats/fisheries falling within its jurisdiction for the Panchayat Financial Year : 2021-2022 and for the period from 01.07.2021 to 30.06.2022 as per the provisions of the Assam Panchayat Act, 1994, as amended. It was mentioned that the period of settlement would be effective from the d

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