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 the bids submitted in response to the Tender Notice dated 01.06.2016 in respect of the Naharani Weekly Market [‘the Market’, for short], the Market came to be settled in favour of the petitioner as his bid was found to be a responsive one and the highest valid bid. The Market was settled in favour of the petitioner at his tendered bid value of Rs. 96,101/-. The petitioner accordingly deposited the requisite amount asked for, on 01.07.2016. Thereafter, an Order of Settlement dated 30.07.2016 was issued under the hand of the respondent no. 2.

4. It is the case of the petitioner that after the Market came to be settled in his favour, he had to face a number of difficulties/problems in operating the Market in the subsequent period. According to the petitioner, due to widening of the National Highway abutting the Market into 4–Lanes, a sizable portion of the Market got affected and as a result, a number of shops located inside the Market area got demolished. The reduction in the Market area adversely affected the volume of business in the shops located inside the Market. Due to such widening of the National Highway, there used to be constant water-logging inside the area of the Market. Further, the reduced area of the Market became muddy and the same had resulted into reduction of the footfalls of the visitors to the Market as the ingress and egress to the Market got restricted. The same had resulted into a skeleton Market for the first 7-8 months of the settlement period. The same had, in turn, resulted in reduction of collection of tolls, etc. substantially and as a result, the petitioner had to suffer heavy financial losses. In addition, there were unauthorized encroachments inside the Market area as some encroachers had illegally set up shops for selling illegal liquor, etc. The atmosphere inside the Market area also got disturbed due to factors like gambling, etc. inside the Market area. Highlighting all such difficulties/problems faced by him, the petitioner as the settlement holder of the Market, stated to have submitted a Representation before the respondent no. 2 on 15.05.2017 with a prayer to extend the period of settlement of the Market in order to recoup the losses he had suffered because of such difficulties/problems, mentioned therein, faced by him and also to grant remission to the extent of Rs. 48,901/-to him.

5. Mr. Deb Nath, learned Standing Counsel, P&RD Department has submitted that the Representation dated 15.05.2017 was placed before the Dibrugarh Zilla Parishad by the respondent no. 2 vide his letter bearing no. KAP/3/2017-18/599 dated 26.05.2017. He has further submitted, on the basis of the records available with him, that the respondent authorities in the Khowang Anchalik Panchayat by the time the Representation was submitted, had