Rafiqul Islam v. The State of Assam and 2 Ors

ORDER Date : 12-12-2024 Heard Mr. MS Mondal, learned counsel for the petitioner. Also heard Mr. S Dutta, learned counsel for all the respondents.

¶2The petitioner had collected documents for submission of tenders, pursuant to the NIT dated 30.05.2024, for settlement of Kotahguri Daily Market and Kotahguri Bi-Weekly Market under the Batadrava Anchalik Panchayat of Nagaon Zilla Parishad in Nagaon District. However, before the last date of submission of the tender, which was 21.06.2024, the tender process was cancelled, vide notification dated 29.06.2024 by the Principal Secretary to the Government of Assam, P&RD Department.

¶3By the said impugned notification dated 29.06.2024, it was also decided that until a new tender was finalized, the existing lessees may be given extension of the markets, ghats and fisheries etc., at the settlement value fixed for the year 2023-2024.

¶4The petitioner's counsel submits that a challenge had been made to the impugned notification dated 29.06.2024 in a number of cases, the leading case being WP(C) 5993/2024.

¶5This Court, vide common judgment dated 29.11.2024, disposed of the batch of the writ petitions, the leading case being WP(C) 5993/2024, by giving the following observations and directions:- Page No.# 3/4 "37. Accordingly the instant batch of writ petitions are disposed of with the following observation(s) and direction(s):

(i). The impugned Cabinet decision dated 27.06.2024 as well as the impugned Notification dated 29.06.2024 calls for no interference, in so far as cancellation of the tender process for the period of 2024-25 and the decision to incorporate a viable rate in the tenders.

(ii). The impugned Cabinet decision dated 27.06.2024 as well as the impugned Notification dated 29.06.2024 in so far as granting of extension to the existing lessee till new tenders are not issued runs counter to Section 105 of the Act of 1994 as well as Rule 47 of the Rules of 2002 and, as such, the impugned Cabinet decision dated 27.06.2024 as well as the impugned Notification dated 29.06.2024 to that extent are interfered with.

(iii). The respondent authorities are directed to run the Haats in question till finalization of fresh tenders under the direct management of the concerned Anchalik Panchayat.

(iv). The respondent authorities are directed to complete the fresh tender process upon finalization of the modalities at the earliest and preferably within three months from the date of the instant judgment." Page No.# 4/4

¶6The petitioners' counsel submits that the present writ petition can be disposed of in line with the observations and directions passed in para 37 of the judgment passed in WP(C) 5993/2024.

¶7Mr. S. Dutta, learned Standing Counsel, P&RD Department submits that he has no quarrel with the submission made by the petitioner's counsel.

¶8In view of the consent of the parties, this writ petition is accordingly disposed of in line with para 37 of the judgment passed in WP(C) 5993/2024.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010263532024 ooooooo 2024:GAU-AS:12561 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6683/2024o RAFIQULoISLAMo S/O-oSRIoWAIZoUDDIN,oVILL.-oKOTAHGURI,oP.O.oTUKTUKI,oDIST.oNAGAON,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR,o GUWAHATI-781006. 2:THEoNAGAONoZILLAoPARISHAD oREPRESENTEDoBYoITSoCHIEFoEXECUTIVEoOFFICER oP.O.oANDoDIST.oNAGAON oASSAM oPIN-o782001. 3:THEoBATADRAVAoANCHALIKoPANCHAYAT oREPRESENTEDoBYoITSoEXECUTIVEoOFFICER oP.O.oDHING oDIST.oNAGAON oASSAM oPIN-o782122o AdvocateoforotheoPetitionerooooo:oMR.oDoAoKAIYUM,oMR.oMoSoMONDALo AdvocateoforotheoRespondento:oSC,oPoANDoR.D.,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA