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Judgment
9 paragraphs · 388 wordsHeard Mr. P.K. Deka, the learned counsel appearing on behalf of the Petitioners and Mr. N. K. Debnath, the learned counsel appearing on behalf of the Respondent Nos.1, 2, 4, 5 and 6, PNRD Department. I have also heard Mr. C. S. Hazarika, the learned counsel appearing on behalf of the Respondent No.3.
Issue notice returnable on 20.7.2022.
As the Respondent Nos.1 to 6 are duly represented, extra copies be served upon the learned counsel for the said respondents during the course of the day.
The Petitioners are directed to take steps upon the Respondent Nos.7 and 8 by way of Registered Post with A/D as well as through usual process within 11.07.2022.
Further to that the Petitioners are directed to take steps upon the Respondent Nos. 7 and 8 by way of dasti routed through the Registry of this Court intimating the said Respondents that the matter would be taken up for further consideration on 20.07.2022 and file an Affidavit-of-Service on or before 18.07.2022.
The learned counsel for the Petitioners has submitted that the settlement of the market made in favour of the Respondent No.8 is on the face of it illegal inasmuch as the bids of the Petitioners were much higher than that of the Respondent No.8. There was no reasons assigned as to why the Respondent No.8 has been settled with the market.
The learned counsel appearing on behalf of the PNRD Department submits that it is not necessary that the highest bidder be settled with the tender but what is relevant is as to whether the highest eligible bidder has been deprived of, which can only be seen after perusal of the records. He submits that he will produce the records on the next date i.e. on 20.07.2022.
Taking into consideration of the above, this Court is of the opinion that the interest of justice would be met if the impugned order enclosed as Annexure-7 to the writ petition whereby the Respondent No.8 has been settled with the Dejoo Weekly Market for the year 2022-23 i.e. from 01.07.2022 to 30.06.2023 is stayed till the next date.
It is made clear that during this period, the Naobaicha Anchalik Panchayat within its jurisdiction and authority to collect the revenue in respect to the Dejoo Weekly Market by themselves without employing the services of the Respondent No.8.