Abu Shahanur Reza Akond v. The State of Assam and 6 Ors

ORDER

27.06.2024 Heard Mr. M. Khan, learned counsel for the petitioner, who submits that the NIT dated 31.05.02024 was floated for settlement of the Kharuabanda Weekly Market amongst other markets.

¶2The petitioner's counsel submits that in terms of Rule 47 of the Assam Panchayat (Financial) Rules, 2002, a tender notice has to be floated at least 45 date before the last date of the Panchayat financial year, which is from 1st July to 30th June of the next year. In this case, the last date of submitting bids has Page No.# 3/3 been fixed as 21.06.2024, thereby limiting the period of submission of tender to only 21 days instead of 45 days.

¶3The petitioner's counsel submits that he should be granted time to submit his tender.

¶4Mr. U. Sarma, learned counsel appears on behalf of Mr. S. Dutta, learned counsel for the P&RD, while Mr. M. Chetia, learned counsel appears for the respondent No.3.

¶5Mr. U. Sarma, learned counsel for the P&RD submits that he does not have any objection to some time being provided to the petitioner to submit his bid.

¶6On considering the submissions made by the parties, this Court is of the view that the petitioner should be granted time till 01.07.2024, to submit his bid with the respondent authorities for the Kharuabanda Weekly Market. Thereafter, the petitioner's tender should also be considered, if the petitioner's bid is found to be valid. Till then no final settlement of the market should be made.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010129582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3304/2024o ABUoSHAHANURoREZAoAKONDo S/OoFOKURULoISLAMoAKOND,o RESIDENToOFoVILLAGEoBHIMAPARA,oPSoSOUTHoSALMARA,oDISToSOUTHo SALAMARAoMANKACHAR,oASSAMo783135 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR,o GUWAHATIo06 2:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oJURIPAR oPANJABARI oGUWAHATIo37 3:THEoDISTRICToCOMMISSIONER oSOUTHoSALMARAoMANKACHAR oHATSINGIMARI oPOoHATSINGIMARI oPSoSOUTHoSALMARA oDISToSOUTHoSALMARAoMANKACHAR oASSAMo783135 4:THEoCHIEFoEXECUTIVEoOFFICER oZILAoPARISHAD oSOUTHoSALMARAoMANKACHAR oHATSINGIMARI Page No.# 2/3 PO HATSINGIMARI PS SOUTH SALMARA DIST SOUTH SALMARA MANKACHAR ASSAM 783135 5:THE BLOCK DEVELOPMENT OFFICER FEKARMARI DEVELOPMENT BLOCK PS SOUTH SALMARA DIST SOUTH SALMARA MANKACHAR ASSAM 783135 6:THE EXECUTIVE OFFICER FEKAMARI ANCHALIK PANCHAYAT FEKAMARI POLICE STATION SOUTH SALMARA DIST SOUTH SALMARA MANKACHAR ASSAM 783135 7:THE PRESIDENT FEKAMARI ANCHALIK PANCHAYAT FEKAMARI POLICE STATION SOUTH SALMARA DIST SOUTH SALMARA MANKACHAR ASSAM 78313 Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA