Administrative authorities must act within the specific jurisdiction provided by law when adjudicating tender settlement disputes. Arbitrary stay orders issued by unauthorized officials are void, and participants are estopped from challenging lottery procedures after voluntarily consenting to the process without objection.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The instant writ petition under Article 226 of the Constitution of India is preferred by the petitioner to assail a decision taken by the respondent no. 3, which has been conveyed to the respondent no. 4 by an Office Letter bearing no. eCF. 657134/26 dated 17.07.2025. By the Office Letter dated 17.07.2025, the respondent no. 3 had directed the respondent no. 4 to submit a detailed report with proper assessment regarding the conduct of the lottery held on 26.06.2025 to decide the matter of settlement of Tumuki Saturday Weekly Market for the Panchayat Year : 2025 – 2026. It was further communicated that the decision of the lottery held on 26.06.2025 should be kept in abeyance till submission of the detailed report, which was directed to be submitted on or before 19.07.2025. As a consequence of the said decision, the petitioner has been stopped from running Tumuki Saturday Weekly Market for which he is the Settlement holder.

2. By a Tender Notice dated 11.06.2025 issued under the authority of the respondent nos. 5 & 6, bids were invited for settlement of the market named Tumuki Saturday Weekly Market [‘Tumuki Market’, for short] for a period of one year for the Panchayat Year : 2025 – 2026 as per the provisions of the Assam Panchayat Act, 1994, as amended [‘the Panchayat Act’, for short]. In response to the Tender Notice, four nos. of bidders submitted their bids.

3. The Standing Committee of Tumuki Gaon Panchayat, constituted under Section 22[1] of the Panchayat Act, evaluated the bids of the four participant bidders. Upon evaluation of the bids, the Standing Committee inter alia found two bids among the four bids received, responsive to the terms and conditions of the Tender Notice. Upon comparison of the bid values offered by the two responsive bidders, it was found out by the Standing Committee that both of them, that is, the petitioner and the respondent no. 7 offered the same bid value of Rs. 3,85,000/-.

4. In a Meeting held on 23.06.2025, Tumuki Gaon Panchayat resolved to decide the matter for selection of the successful bidder for Tumuki Market by way of lottery after consultation with the jurisdictional Zilla Parishad authorities. On the same date, the President of Tumuki Gaon Panchayat after discussing the matter with the competent authority in the Sonitpur Zilla Parishad, decided to conduct the lottery at 03-00 p.m. on 26.06.2025 during the next Meeting of the Gaon Panchayat to be held in the office of Tumuki Gaon Panchayat. The matter was accordingly informed to both the petitioner and the respondent no. 7.

5. On 26.06.2025, a Meeting was held for selection of the successful bidder in the office of Tumuki Gaon Panchayat. The Meeting was presided over by the President of Tumuki Gaon Panchayat wherein both the petitioner and the respondent no. 7 were present. The members of the Standing Committee of Tumuki Gaon Panchayat also attended the Meeting. In the Meeting, it was unanimously decided to conduct a lottery in presence of the members of the Standing Committee; the Executive Officer, Bihaguri Development Block, the Secretary of Tumuki Gaon Panchayat; the petitioner; and the respondent no. 7; apart from the general public.

6. On conducting the lottery, the Meeting declared the petitioner as the successful bidder in respect of the Tumuki Market for the Panchayat Year : 2025-2026. After selection of the successful bidder by lottery, the Minutes of the Special Meeting held for the purpose of settlement of Tumuki Market was prepa