Ujjal Bhuyan, J. - (1.) Heard Mr. N. Borah, learned Counsel appearing for the petitioner. Also heard Ms. S. Sharma, learned State Counsel appearing for the respondent Nos. 1, 2. 3 and 5 and Mr. F.K.R. Ahmed, learned Counsel appearing for the respondent No. 7. Respondent Nos. 4 and 6 were personally served as per the order of this Court and thereafter necessary affidavits have been filed by the petitioner, which are on record. Therefore, service on respondent Nos. 4 and 6 are treated to be complete.
(2.) Considering the subject matter involved and as agreed to by the Counsel for all the sides, the matter is taken up for disposal at this stage itself.
(3.) The Mayang Anchalik Panchayat, which is under the Morigaon Zila Parishad, had issued a Notice Inviting Tender (N.I.T.) dated 30.4.2011 inviting tenders from eligible persons for settlement of various markets, Parghats etc. within its jurisdiction for the year 2011-2012 i.e., for the period from 1.7.2011 to 30.6.2012. The Na-khula weekly market was also included in the list of markets/Parghats etc. for which the N.I.T. was issued. In terms of the said N.I.T., 16 tenderers submitted tenders for settlement of the Na-khula weekly market (briefly "the market" hereafter), including the petitioner and the respondent No. 7. The bid value of the petitioner was Rs. 1,31,999/- per month whereas that of the respondent No. 7 was Rs. 53,365/- per month, by order dated 28.7.2011 is- sued by the Chief Executive Officer, Morgaon "Zila Parishad, the market has been settled with the respondent No. 7 at the rate offered by him. This order dated 28.7.2011 is under challenge in the present writ petition.;