Point of Law : Tender notice shall be floated at least 45 days before the last day of Panchayat financial year which shall contain various details mentioned in this clause.

JUDGMENT :

The instant intra-Court writ appeal is directed against the judgment and final order dated 13.09.2022, passed by learned Single Bench in WP(C) No.5468/2019 and WP(C) No.5419/2020.

2. The appellants/ writ petitioners claim to have been selected for allotment of 29 Nos. of shop-rooms to be constructed in the Algapur Bazar by the Algapur Gaon Panchayat in furtherance of notice dated 13.11.2009. It is stated that the total number of 53 applicants participated in the allotment process wherein, the appellants/ petitioners were selected. They deposited advance amount of Rs.2,10,000/-each in installments and the shop-rooms were constructed by the Construction Committee of the Gaon Panchayat by utilizing the said fund.

3. Appellants/writ petitioners claim that after the construction was completed, lease deeds were executed on 01.09.2011 between the Algapur Gaon Panchayat, represented by its President and the individual allottees (appellants/petitioners) in presence of witnesses. However, the possession of the shop-rooms was not handed over to the appellants/ petitioners upon which they approached this Court by filing writ petition, being WP(C) No.6397/2017 wherein, interim order dated 30.10.2017 was passed observing that the Algapur Gaon Panchayat would be at liberty to hand over the possession of the shop-rooms to the allottees. Accordingly, the appellants claim to have taken possession of the shop-rooms and are running their businesses therein.

The writ petition, WP(C) No.6397/2017 filed by the appellants and writ petition, WP(C) No.6943/2017 filed by another set of aspirants for the shops, were disposed of vide order dated 26.04.2018 remanding the matter to the Deputy Commissioner, Hailakandi to enquire into the matter and pass necessary order.

4. The Deputy Commissioner, Hailakandi thereupon conducted an enquiry concluding that the shop-rooms were constructed by using the money advanced by the appellants herein. The respondent Nos.9 to 13 thereupon approached this Court by filing writ petition, being WP(C) No.436/2019 wherein, an interim order dated 25.01.2019 was passed directing the Secretary, Algapur Gaon Panchayat to issue a tender notice for settlement of shops by following the procedure prescribed under the Assam Panchayat Act, 1994 and the Assam Panchayat (Financial) Rules, 2002. The tender notice was issued on 29.06.2019.

5. The appellants/ petitioners, challenged the said interim order dated 25.01.2019 by filing writ appeal, being WA No.38/2019, which was disposed of by the Division Bench vide order dated 11.02.2019 directing that the competent authority should not issue possession orders to the parties succeeding in the tender process without leave from the learned Single Judge in the pending writ petition.

6. The writ petition, WP(C) No.436/2019 was disposed of vide order dated 23.07.2019 leaving the appellants at liberty to avail the appropriate remedy as per law.

7. Pursuant thereto, WP(C) No.5468/2019 came to be instituted at the behest of the appellants/petitioners, whereas writ petition, WP(C) No.5419/2020 was preferred by the aspirants, who were successful in the NIT dated 29.06.2019, laying a claim for the shops in question on the basis of the fresh tender process.

8. The learned Single Judge, heard the parties and adjudicated the issues presented before the Court, vide impugned order dated 13.09.2022 with the following observations:

“15. The claim of the petitioners in the first case is mainly on the assertion that there was a previous selection process in which they were selected for allotments to the 29 numbers of shop rooms, pursuant to which lease deeds were executed and considerations paid and therefore there being a concluded contract, the fruits of the same should be permitted to be enjoyed by the petitioners. To examine the said claim, the materials placed before this Court have been carefully perused. There is nothing on record to show that there was any recognized mode of selection process in which the