DIPAK KUMAR GOGOI Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The writ petition is directed and arises against the order of the Government nullifying the statutory power exercised by the statutory authority. The case relates to settlement of Dibrugarh Vegetable Market Zone-B. The market in question was first settled in the year 1995-96 for the period from 1.4.1995 to 31.3.1996 with the Petitioner under the prescribed Rule and procedure by life Executive Officer Dibrugarh Municipal Board Dibrugarh Town, Dibrugarh. The settlement of the said market was extended as per bearing No. DAA. 162/94/163-A dated Guwahati, the 30th March, 96. The Petitioner thereafter prayed for extension of lease for the period 1997-98 by the authority did not grant his prayer and ending no other alternative, Petitioner moved this Court for an appropriate direction on the Respondents to dispose of this application. The said application of the Petitioner for extension as finally disposed of by the Secretary to the Govt. of Assam. MAD Deptt on 31.3.1997 (Annexure-9) of the Writ Petition. In terms of the order Petitioner was asked to pay kist money advance either in cash or in Bank Draft. Petitioner paid part kist money and prayed (sic) time to deposit the balance amount. In the meantime the urgned W.T. Message was issued by the Secretary, MAD Dispur to the Executive Officer, Dibrugarh M.D. asking him to communicate the Govt. decision whereby the Government reviewed the order and decided not to give any further extension to the Petitioner and accordingly advised the Executive Officer Pibrugarh, M.D. to take immediate steps to invite tenders and take necessary action for fresh settlement of the market as per existing procedures which is the subject-matter of this Writ Petition and hence the Writ Petition.

(2.) Mr. K.K. Mahanta, the learned Counsel for the Petitioner has assailed the impugned order as arbitrary, discriminatory and violative of principle of natural justice.

(3.) The State Government though did not file any affidavit but contested the case seriously and the learned Addl. Sr. Govt. Counsel in support of his contention produced the relevant records before me. Before entering into the debate it would be pertinent to refer to the relevant provisions of the Assam Municipal Board and Town Committee, The Act contemplates markets, managed and controlled by the relevant provisions of the Rules which are as follows: