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KARDAK ETE
Md. Sirajul Islam S/o Lt. Arfan Ali – Appellant
Versus
State Of Assam – Respondent
Heard Mr. M.H. Choudhury, learned Senior Advocate assisted by Mr. M.K. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Standing Counsel, Panchayat & Rural Development (P.&R.D.) Department for all the respondents.
2. By filing this writ petition, the petitioner has challenged the impugned speaking order dated 08.06.2022, passed by the Principal Secretary, P. & R.D. Department, Govt. of Assam, whereby the claim of 90% remission by the petitioner on the settlement value of the Bihiagaon Weekly Market has been rejected.
3. The case of the petitioner, in brief, is that in pursuant to the publication of the tender notice dated 17.05.2021 for settlement of a numbers of market including the Bihiagaon Weekly Bazar, the petitioner had participated and was settled with the said market by an order of settlement issued by the Chief Executive Officer, Sonitpur Zilla Parishad, Tezpur on 10.09.2021. The settlement was for a period w.e.f. 13.09.2021 to 30.06.2022, at a settlement amount of Rs. 25,99,758/- (Rupees twenty five lakhs ninety nine thousand seven hundred and fifty eight) only on the basis of the bid value offered by the petitioner.
4. On being settled with
The Covid-19 pandemic falls within the purview of natural calamities for remission consideration under Rule 49 of the Assam Panchayat (Financial) Rules, 2002.
A market operator must comply with the amended legal requirements of the Assam Panchayat Act and the Assam Cattle Preservation Act to conduct business lawfully.
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.
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
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....
Section 3(a) of Act of 2021 defines ‘Animal Market’ to be market place or sale yard or any other premises or place to which animals are brought from other places and offered or displayed for sale or ....
The discretionary nature of the approval for lease extension and the importance of maintaining transparency and fairness in distribution of State largesse.
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