Tazul Islam Talukder and Anr v. The State of Assam and 7 Ors

ORDER

13.06.2024

¶1Heard Mr. M.U. Mondal, learned counsel for the petitioners, who submits that the Patakata Weekly Market and Patakata Parghat are going to be settled without call of tender, inasmuch as, the Tender Notice dated 01.06.2024 has not included the Patakata Weekly Market and Patakata Parghat for settlement through tender. The petitioners' counsel has taken this Court to the Notice dated

06.06.2024 issued by the Secretary, Patakata Gaon Panchayat, wherein he has Page No.# 3/4 asked the members of the Panchayat to attend the Gaon Sabha Meeting to be held on 13.06.2024 at 11 a.m., to have a discussion on the Patakata Weekly Market and Patakata Parghat. The petitioners' counsel submits that as the Gaon Sabha Meeting has been called to discuss the Patakata Weekly Market and Patakata Parghat, the same would invariably lead to settlement of the Patakata Weekly Market and Patakata Parghat with some persons, without call of tender, which is illegal.

¶2Mr. S. Dutta, learned counsel appearing for the P&RD Department submits that the writ petition is premature, as the Notice dated 06.06.2024 calling for a Gaon Sabha Meeting on 13.06.2024, is only with regard to having a discussion on the Patakata Weekly Market and Patakata Parghat and there is nothing to show that the market and parghat are going to be settled without call of tender.

¶3I have heard the learned counsels for the parties.

¶4The Notice dated 06.06.2024 is reproduced below, as follows : "Sir, It is hereby informed to the public under Patakata Gaon Panchayat that as per the verval order of the Block Development Officer, South Salmara Development Block that on 13.06.2024, Thursday at 11 A.M. the Gaon Sabha Meeting of Patakata Gaon Panchayat would be held in the office premises to discuss the following agenda. You are requested to attend the said Gaon Sabha Meeting in time. Agenda:-

¶1Regarding discussion of Patakata Weekly Hat and Parghat Page No.# 4/4

¶2Others."

¶5A perusal of the notice shows that the Agenda for the meeting includes a discussion to be made in respect of the Patakata Weekly Market and Patakata Parghat. There is nothing discernable in the said Notice that the Patakata Weekly Market is going to be settled with other persons, bypassing issuance of a tender notice. Just because the meeting notice is going to discuss the Patakata Weekly Market and Patakata Parghat and that the Tender Notice dated

01.06.2024 has not included the said Weekly Market, does not prove that the said Weekly Market is going to be settled without call of tender.

¶6In view of the above, this Court finds that the writ petition is premature. Further as on date, no right of the petitioners has been violated. As such, this Court finds that the petitioners are not aggrieved persons as on date and accordingly do not have the locus standi to file the present writ petition.

¶7The writ petition is accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010118492024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3068/2024o TAZULoISLAMoTALUKDERoANDoANRo S/O-oABDUSoSATTARoTALUKDER,oVILL-oKATDANGAoSATDUBIoPART-II,oP.O.o PATAKATA,oP.S.oSOUTHoSALMARA,oDIST.oSOUTHoSALMARAoMANKACHER,o (ASSAM),oPIN-o783127 2:oMOKTADIRoRAHMAN oS/O-oMONTAZoALI oVILL-oKATDANGAoSATDUBIoPART-I oP.O.oPATAKATA oP.S.oSOUTHoSALMARA oDIST.oSOUTHoSALMARAoMANKACHER o(ASSAM) oPIN-o78312o VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oGOVT.oOFo ASSAM,oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR, GHY-06 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGHY-06 3:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENT oPANJABARI oGHY-37 4:THEoDISTRICToCOMMISSIONER oSOUTHoSAKMARAoMANKACHAR oASSAM Page No.# 2/4 5:THE CHIEF EXECUTIVE OFFICER SOUTH SALMARA MANKACHAR ZILLA PARISHAD ASSAM 6:THE EXECUTIVE OFFICER SOUTH SALMARA DEVELOPMENT BLOCK DIST.- SOUTH SALMARA MANKACHAR ASSAM 7:THE CIRCLE OFFICER SOUTH SALMARA REVENUE CIRCLE P.O. AND P.S. SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR 8:THE SECRETARY PATAKATA GAON PANCHAYAT R/O- PATAKATA P.O. PATAKATA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN- 78312 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA