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MANISH CHOUDHURY
Khetradhar Konwar, S/o. Sri Sarbeswar Knowar – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary Panchayat And Rural Development Department – Respondent
JUDGMENT :
1. Heard Mr. H. Buragohain, learned counsel for the petitioner and Mr. N.K. Deb Nath, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for all the respondents.
2. The instant writ petition under Article 226 of the Constitution of India has been preferred by the writ petitioner seeking inter alia a direction to the respondent authorities in the Panchayat & Rural Development [P&RD] Department to allow the petitioner to operate the market named Naharani Weekly Market for an extended period and also for a direction to the said respondent authorities to remit an amount of Rs. 48,801/- to the petitioner as the petitioner had suffered losses for the said amount in operating the Market during the Panchayat Year : 2016-2017.
3. Responding to a Tender Notice dated 01.06.2016 whereby bids were invited by the Khowang Anchalik Panchayat [‘the Anchalik Panchayat’, for short] for settlement of the Naharani Weekly Market under the Anchalik Panchayat & the Dibrugarh Zilla Parishad, District – Dibrugarh for the Panchayat Year : 2016-2017 and for the period from 01.07.2016 to 30.06.2017, the petitioner submitted his bid along with other bidders. Upon evaluation of t
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 court emphasized the need for a fair enquiry into the low settlement rates and the possibility of connivance, and the initiation of proper action if mischief was found.
The Covid-19 pandemic falls within the purview of natural calamities for remission consideration under Rule 49 of the Assam Panchayat (Financial) Rules, 2002.
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