JUDGMENT AND ORDER :

The instant writ petition under Article 226 of the Constitution of India has been instituted by the petitioner seeking inter alia a direction in the nature of mandamus for directing the respondent authorities in the Barpeta Zilla Parishad to settle a market named Balikuri Market located within the territorial jurisdiction of Sonapur Rubhi Gaon Panchayat under the Mondia Anchalik Panchayat as the petitioner emerged as the highest valid bidder in the competitive bidding process initiated by and undertaken for settlement of the market i.e. Balikuri Market pursuant to a Tender Notice dated 03.08.2022.

2. I have heard Mr. H. Ali, learned counsel for the petitioners and Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 3, 4 & 5; Mr. K. Gogoi, learned Senior Government Advocate, Assam for the respondent no. 2.

3. As per the office note dated 16.12.2022, the service of notice upon the respondent no. 6 is complete. Despite service of notice, none has appeared for the respondent no. 6 till date.

4. The factual matrix of the case lies in a narrow compass. By a Tender Notice dated 03.08.2022, the Mondia Anchalik Panchayat invited sealed bids for settlement of a market named Balikuri Market [‘the Market’, for short] located within the Sonapur Rubhi Gaon Panchayat for the Panchayat Financial Year : 2022-2023 and for the period from 16.08.2022 to 30.06.2023, with 12.08.2022 as the last date of submission of bids. In response to the Tender Notice, three bidders including the petitioner, participated in the bidding process. After opening of the bids, the General Standing Committee of Mondia Anchalik Panchayat evaluated the bids and prepared a Comparative Statement in terms of the provisions of Rule 47[7] of the Assam Panchayat [Financial] Rules, 2002. As per the Comparative Statement prepared by the General Standing Committee of the Mondia Anchalik Panchayat, the petitioner emerged as the highest valid bidder at his offered bid value of Rs.91,100/-. When the General Standing Committee of the Mondia Anchalik Panchayat forwarded the entire matter to the Barpeta Zilla Parisad for confirmation in terms of sub-section [4] of Section 105 of the Assam Panchayat Act, 1994, as the bid value offered by the highest valid bidder was below Rs.1,00,000/-, the General Standing Committee of the Barpeta Zilla Parishad considered the same in its meeting held on 25.08.2022. In its said meeting, the General Standing Committee considered the fact that the bids were invited for the third occasion after failure to settle the Market subsequent to the bidding processes undertaken by two previous Tender Notices. The General Standing Committee had further observed that on the third occasion, only three bids were received in response to the Tender Notice dated 03.08.2022 and the highest bidder had offered only an amount of Rs.91,100/- which bid value was much lesser than the bid value offered by the settlement holder of the Market during the previous Panchayat Financial Year : 2021–2022 @ Rs. 6,65,000/-. Having considered these aspects, the General Standing Committee of Barpeta Zilla Parishad decided not to give confirmation for settlement of Balikuri Market in favour of the highest valid bidder i.e. the petitioner @ Rs.91,100/-. The General Standing committee, Barpeta Zilla Parishad had taken a decision to ask the Chief Executive Officer of the Zilla Parishad to issue an order to the Executive Officer of the Mondia Anchalik Parishad to operate the Market for collection of toll, etc. as per the provisions of sub-section [5] of Section 105 of the Assam Pachayat Act, 1994, as amended. The said decision of the General Standing Committee of the Barpeta Zilla Parisad was carried out by the Chief Executive Officer, Barpeta Zilla Parishad by a letter dated 26.08.2022 whereby the Executive Officer, Mondia Anchalik Parishad was asked to manage the Market directly by the Anchalik Panchayat in terms of the