SHRI DEBENDRA NATH BARDOLAI Vs. THE STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THESE three petitions arise out of the settlement of Rajmai Cattle Market in which the Petitioners were tenderers. The Sibsagar Mahkuma Parishad invited tenders for settling 50 cattle markets including the present market. In question, Rajmai Cattle Market. The Petitioner: tenders were not considered and they preferred appeal before the prescribed appellate authority under the Assam Penchayat Raj Act, 1972 (hereinafter called the Act). Their appeals were dismissed and hence these petitions.

(2.) A brief narration of the facts leading to the present proceedings is that tenders were called by the Executive Committee, Sibsagar Mahkuma Parishad for settlement of 50 markets including the Rajmai Cattle Market. So far Rajmai Cattle Market is concerned 37 tenderers gave bid. The Executive committee of the Mahkuma Parishad on consideration of the tenders, considered only 2 tenders and settled the market with Respondent No. 4 at his bid. The Petitioners being aggrieved preferred appeal before the appellate authority and the appellate authority also upheld the settlement of the hat with Respondent The settlement of hat is provided in the Assam Penchayat Raj (Administrative) Rules, 1973 (hereinafter called the Rule). The specific provision is encapsulated in Rule 28. The relevant provision of this Rule may be read as follows:

(3.) AFTER preparation of the comparative statements under Rule (3), above, the Chief Executive Councillor shall place such statement along with the tenders before a meeting of the Executive Committee to be convened for the purpose of selecting the suitable tenderers. The Executive Committee shall have the right to reject any tender as their discretion on any reasonable ground recording the ground for Such rejection in writing.