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MICHAEL ZOTHANKHUMA
Nareswar Dangiari, S/o. Matiram Dangiari – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. MK Adhikari, learned counsel for the petitioner in WP(C) No. 4557/2022 and the respondent No.7 in WP(C) No. 6322/2022. Heard Mr. SD Purkayastha, learned counsel for the petitioner in WP(C) No. 6322/2022. Mr. NK Debnath, learned counsel appears for the P&RD Department, while Mr. M Chetia, learned counsel appears for the Deputy Commissioner, Sonitpur and Chief Secretary, Government of Assam. Also heard Mr. Mousam Das/respondent No. 6, Block Development Officer, Dhekiajuli, Sonitpur, who has appeared in person.
2. Both the writ petitions are being disposed of by this common judgment and order, in view of the fact that issues raised by the petitioners are intertwined and pertains to Gorubandha Weekly Market. For easy disposal of the matters, the placement of the parties in the Cause-Title in WP(C) No. 6322/2022 is taken into consideration.
3. The brief facts of the case is that the respondent No. 7 was running the Gorubandha Weekly Market from the financial year 2019-2022 till 30.06.2022, on the basis of tenders published by the State respondents. As the settlement of the markets (hats) was being done on a yearly basis, in terms of Section 105 of the Assam Panchayat A
Section 105 of Assam Panchayat Act, 1994 clearly provides that settlement of a market (hat) shall not exceed one Panchayat Financial Year and that settlement has to be made by inviting tenderers.
Acceptance of a lesser bid may be permissible but in case of settlement of a market under the aegis of the Anchalik Panchayat and/or Zilla Parishad, the same is ordinarily required to be settled in f....
The discretionary nature of the approval for lease extension and the importance of maintaining transparency and fairness in distribution of State largesse.
Process of settlement resulting into the order of settlement in favour of the respondent no. 6 is found to be vitiated one due to taking into account irrelevant factors in the decision making process....
Point of Law : Court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not and it is only when it comes to a conclusion that overwhelm....
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